Pabst Brewing Co. v. Union Insurance
Missouri Court of Appeals
Appeal from the JacJeson Circuit Court. — Hon. J. H. Slover, Judge. (1) There is no forfeiture under the vacancy clause pleaded by defendant if the premises were occupied for any purpose whatever continuously from March 20, 1891, to within fifteen days of the fire. Ins. Co. v. BrocTeway, 39 111. App. 43; Ins. Co. v. Kieman, 83 Ky. 473. Other claims in order to be available to the defendant must be pleaded. Moody v. Ins.
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Appeal from the JacJeson Circuit Court. — Hon. J. H. Slover, Judge. (1) There is no forfeiture under the vacancy clause pleaded by defendant if the premises were occupied for any purpose whatever continuously from March 20, 1891, to within fifteen days of the fire. Ins. Co. v. BrocTeway, 39 111. App. 43; Ins. Co. v. Kieman, 83 Ky. 473. Other claims in order to be available to the defendant must be pleaded. Moody v. Ins. Co., 38 N. E. Rep. 1011; 1 Wood on Insurance [2 Ed.], p. 503, sec. 209; Ins. Co. v. Kemper, 25 S. W. Rep. 999; Vinegar Co. v. Guggemos, 98 Mo. 392; Fenwick v. Bowling, 50 Mo.…
1Opinion of the CourtSmith, P. J.
This is an action on a fire insurance policy, issued February 25, 1891, and which contained the following provisions:
*666“$1000 on the two-story building and all improvements and stone sidewalks, occupied for store and dwelling purposes and saloon.
“The assured, by the acceptance of this policy, hereby covenants and agrees: To notify the company if the above mentioned premises shall become vacant ór unoccupied, and so remain for more than fifteen days, or of any change in the nature or character of the occupation, or of any increase of hazard within the control or knowledge of the insured.
“This…
2Cases cited7 opinions
- LaForce v. Williams City Fire InsuranceMissouri Court of Appeals · 1891
- Cooks v. Continental InsuranceSupreme Court of Missouri · 1879
- Renshaw v. Missouri State Mutual Fire & Marine InsuranceSupreme Court of Missouri · 1890
- Imperial Fire Ins. v. KiernanCourt of Appeals of Kentucky · 1885
- Hoffman v. Manufacturers' Accident Indemnity Co.Missouri Court of Appeals · 1894
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Florea v. Iowa State InsuranceMissouri Court of Appeals · 1930
- Meredith v. Business Men's Accident Ass'nMissouri Court of Appeals · 1923
- Maupin v. Southern Surety Co.Missouri Court of Appeals · 1920
- Renn v. Supreme Lodge Knights of PythiasMissouri Court of Appeals · 1900
- Limbaugh v. Columbia Insurance Co. of New YorkMissouri Court of Appeals · 1963
5 more not listed; retrieve them via the Exa API.