Hutchinson v. Western Insurance
Supreme Court of Missouri
Appeal from St. Louis Court of Common Pleas. This was an action upon a policy of fire insurance for $3000, dated October 29, 1851, upon a mill in Illinoistown. The 6th condition annexed to the policy is set out in the opinion of the court.
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Appeal from St. Louis Court of Common Pleas. This was an action upon a policy of fire insurance for $3000, dated October 29, 1851, upon a mill in Illinoistown. The 6th condition annexed to the policy is set out in the opinion of the court. The 11th condition was as follows : “ The policy may always he transferred, provided such transfer be endorsed upon the policy and brought to the office for approval within thirty days from the date thereof ; otherwise, the premium shall be considered as sunk for the benefit of the assurers.” At the date of this policy, E. C. Hutchinson, the plaintiff, was…
1Opinion of the CourtLeonard, Judge
The sixth condition annexed to the present policy is : “ Persons insuring property at this office must give notice of any other insurance (either previous or subsequent) made on their behalf on the same, and cause such other insurance to be endorsed on their policies; in which cases, such office shall be liable to the payment only of a rateable proportion of any loss *101or damage which may be sustained; and, unless such notice is given, the insured will not be entitled to recover in case of loss and the principal question upon the trial was, whether there had been a compliance with it, and if…
2Cases cited2 opinions
- Carpenter v. Providence Washington InsuranceSupreme Court of the United States · 1842
- Carpenter v. Providence Washington InsuranceSupreme Court of the United States · 1846
3Cited by18 opinions
- Penn Mut. Life Ins. v. Mechanics' Savings Bank & Trust Co.Court of Appeals for the Sixth Circuit · 1896
- Phœnix Ins. v. SpiersCourt of Appeals of Kentucky · 1888
- Hayward, Assignee v. National InsuranceSupreme Court of Missouri · 1873
- Atlas Reduction Co. v. New Zealand Ins.Court of Appeals for the Eighth Circuit · 1905
- Eagle Fire Co. v. LewallenSupreme Court of Florida · 1908
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