Flournoy v. Traders' Insurance
Missouri Court of Appeals
Appeal from the Buchanan Circuit Court. — Hon. C. E, Strop, Judge. (1) Eor the agent to issue a policy on mortgaged property which provides that if the property is or becomes mort•gaged the policy shall be void, is to permit the agent to modify or strike from the policy one of its conditions.
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Appeal from the Buchanan Circuit Court. — Hon. C. E, Strop, Judge. (1) Eor the agent to issue a policy on mortgaged property which provides that if the property is or becomes mort•gaged the policy shall be void, is to permit the agent to modify or strike from the policy one of its conditions. This the policy declares can only be done by the company’s secretary. '(2) The St. Lonis court of appeals holds, without citing any authority in support of its dioi/wm, that this latter clause refers only to subsequent alterations or changes. Nixon v. Ins. Co., 69 Mo. App. 358. Is there any common sense…
1Opinion of the CourtSmith, P. J.
This is a suit on a fire insurance policy. There was a trial before the court, a jury being dispensed with. There were no instructions requested or given. The plaintiff had judgment and the defendant appealed.
There was a condition in the policy to the effect that, “if the interest of the insured in the building be other than an unincumbered title in fee simple to the ground whereon it stands * * * . this policy shall become absolutely void.” At the time of the issue of the policy the property covered thereby was subject to a mortgage lien for $300. According to the terms of the policy this…
2Cases cited2 opinions
- Continental Insurance v. RuckmanIllinois Supreme Court · 1889
- Nixon v. German InsuranceMissouri Court of Appeals · 1897
3Cited by2 opinions
- Leisen v. St. Paul Fire & Marine InsuranceNorth Dakota Supreme Court · 1910
- German Insurance v. ShaderNebraska Supreme Court · 1903