Harness v. National Fire Insurance
Missouri Court of Appeals
Appeal from the Lafayette Circuit Court. — Hon. Richard Field, Judge. (•1) The petition fails to state facts sufficient to constitute a cause of action. It does not allege that the plaintiff had any insurable interest in the property,' either at the time of the loss or at the time the policy was issued. As to the personal property there is no allegation of any kind of this nature.
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Appeal from the Lafayette Circuit Court. — Hon. Richard Field, Judge. (•1) The petition fails to state facts sufficient to constitute a cause of action. It does not allege that the plaintiff had any insurable interest in the property,' either at the time of the loss or at the time the policy was issued. As to the personal property there is no allegation of any kind of this nature. As to the building, the only allegation is that the defendant insured “his” one-story frame dwelling. This is insufficient. Commercial Ins. Co. v. Dunbar, 26 S. W. Rep. (Tex.) 628; 2 May on Insurance, sec. 590;…
1Opinion of the CourtEllison, J.
This action is based on a policy of insurance, whereby defendant insured plaintiff against loss by fire. The property insured was a dwelling house, insured for $700, and household furniture for $800., The petition fails to state any insurable interest in the personal property in plaintiff. It fails to allege any interest whatever in such property. The law requires that the assured must have an interest in the property insured, otherwise policies of insurance would partake of the nature of gambling or wagering contracts. So it is necessary that the plaintiff should have, and should allege,…
2Cases cited7 opinions
- Hardwick v. State InsuranceOregon Supreme Court · 1891
- Rose v. BatesSupreme Court of Missouri · 1848
- Barnard v. National Fire InsuranceMissouri Court of Appeals · 1887
- Fowler v. . the New York Indemnity Insurance CompanyNew York Court of Appeals · 1863
- Hubbard v. North British & Mercantile InsuranceMissouri Court of Appeals · 1894
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Draper v. Delaware State Grange Mutual Fire InsuranceSuperior Court of Delaware · 1914
- Walton v. Phoenix InsuranceMissouri Court of Appeals · 1911
- Hartford Fire Ins. Co. v. SmithSupreme Court of Oklahoma · 1929
- White v. Merchants' InsuranceMissouri Court of Appeals · 1902
- Clevinger v. Northwestern National InsuranceMissouri Court of Appeals · 1897
10 more not listed; retrieve them via the Exa API.