Weber v. American Central Insurance
Missouri Court of Appeals
Appeal from the Moniteau Circuit Court. — Hon.E. L. Edwards, Judge. “Proceedings in case of loss : — It being understood and agreed that all proceedings after a loss shall be in accordance with the terms and stipulations printed on the back of this policy, which are hereby declared to be a part of this contract, and are to be resorted to in order to determine the rights and obligations of the parties hereunto.” “No agent has power to waive any condition of this contract.”
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Appeal from the Moniteau Circuit Court. — Hon.E. L. Edwards, Judge. “Proceedings in case of loss : — It being understood and agreed that all proceedings after a loss shall be in accordance with the terms and stipulations printed on the back of this policy, which are hereby declared to be a part of this contract, and are to be resorted to in order to determine the rights and obligations of the parties hereunto.” “No agent has power to waive any condition of this contract.” The appellee had full notice of the limitation of the agent’s power by clauses 2 and 7 of section 5 of this policy. Wood…
1Opinion of the CourtSmith, P. J.
This was a suit upon a policy of insurance issued by defendant to plaintiff upon a building which was destroyed daring the life of the policy. The defenses relied upon were (1) representations by plaintiff that he was the owner in fee of the ground upon which the building stood when in fact he was not, and (2) a failure to make proof of loss within the time required by the policy.
*524The case was tried by the court, a jury having been dispensed with. There was a finding and judgment for the plaintiff. The defendant appealed. The only error of which the defendant complains is the giving for the…
2Cases cited6 opinions
- Hamilton v. BoggessSupreme Court of Missouri · 1876
- Baile v. St. Joseph Fire & Marine InsuranceSupreme Court of Missouri · 1881
- Gaines v. FenderSupreme Court of Missouri · 1884
- Rippstein v. St. Louis Mutual Life InsuranceSupreme Court of Missouri · 1874
- Cooper v. OrdSupreme Court of Missouri · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Hubbard v. North British & Mercantile InsuranceMissouri Court of Appeals · 1894
- Hollenbeck & Co. v. Mercantile Town Mutual Fire InsuranceMissouri Court of Appeals · 1908
- Probst v. Insurance Co. of North AmericaMissouri Court of Appeals · 1896
- Standard Manufacturing Co. v. HudsonMissouri Court of Appeals · 1905