Crook v. Phœnix Insurance
Missouri Court of Appeals
Appeal from the Carroll Circuit Court. — Hon. J. M. Davis, Judge. (3) “The contract of insurance, as all know, is a contract of indemnity, upon the terms ■ and conditions specified in the policy of insurance. It is a peculiar contract, and one of hazard purely. We-may not make a new contract for the parties, but rather it is our duty to enforce and carry out one already made.” Mfg. Co. v. Ins. Co., 21 Conn. 19, 31; lesson v. Ins.
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Appeal from the Carroll Circuit Court. — Hon. J. M. Davis, Judge. (3) “The contract of insurance, as all know, is a contract of indemnity, upon the terms ■ and conditions specified in the policy of insurance. It is a peculiar contract, and one of hazard purely. We-may not make a new contract for the parties, but rather it is our duty to enforce and carry out one already made.” Mfg. Co. v. Ins. Co., 21 Conn. 19, 31; lesson v. Ins. Co., 40 Mo. 33, 36. (2) The statements of the application were expressly warranted to be true and declared to be warranties and a part of the policy issued. “…
1Opinion of the Court
Ellison, J. —
This action is on a policy of fire insurance.
On the trial the plaintiff introduced in evidence the policy of insurance sued on, by which the defendant, in consideration of a gross premium, undertook to insure the plaintiff against loss or damage by fire or lightning in the gross sum of fifteen hundred and seventy-five dollars, as follows: Three hundred dollars on frame building occupied by assured as dwelling; three hundred and seventy-five dollars on his household furniture; two hundred and fifty dollars on his barn ; twenty-five dollars on hay in said barn ; one hundred and…
2Cases cited3 opinions
- Loehner v. Home Mutual InsuranceSupreme Court of Missouri · 1852
- Koontz v. Hannibal Savings & InsuranceSupreme Court of Missouri · 1868
- American Insurance v. BarnettSupreme Court of Missouri · 1881
3Cited by12 opinions
- Trabue v. Dwelling House InsuranceSupreme Court of Missouri · 1894
- Murphy v. Northern British & Mercantile Co.Missouri Court of Appeals · 1895
- Harness v. National Fire InsuranceMissouri Court of Appeals · 1895
- Connecticut Fire Ins. v. ManningCourt of Appeals for the Eighth Circuit · 1908
- Shoup v. Dwelling-House Fire InsuranceMissouri Court of Appeals · 1892
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