Cohn v. Orient Insurance
Missouri Court of Appeals
Appeal from the Jasper Circuit Court. — Hon. W. M. Robinson, Judge. (1) There can be no question but what the agents of said company, whether it be the local agent or the adjuster sent here to adjust said loss, had the authority to waive any and all conditions of said policy, and, as to scope of agent’s power, to waive conditions of policies concerning proof of loss. McCullough v. Ins. Co., 113 Mo. 614, 615; Ins. Co. v. Monger, 30 Pac. Rep. 120; Ins.
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Appeal from the Jasper Circuit Court. — Hon. W. M. Robinson, Judge. (1) There can be no question but what the agents of said company, whether it be the local agent or the adjuster sent here to adjust said loss, had the authority to waive any and all conditions of said policy, and, as to scope of agent’s power, to waive conditions of policies concerning proof of loss. McCullough v. Ins. Co., 113 Mo. 614, 615; Ins. Co. v. Monger, 30 Pac. Rep. 120; Ins. Co. v. Buclcman, 20 N. E. Rep. 77, 30 N. Y. 727; Mechem on Agency, sec. 224; 52 N. Y. Rep. 866. (2) It is also contended by plaintiff that…
1Opinion of the Court
(Jill, J.
Plaintiff was a merchant at Joplin, Missouri, and his stock of goods was destroyed by fire, on December 18, 1892. Of the $7,000 insurance carried, plaintiff had a policy of the defendant, in the sum of $1,000, on which this action was brought. The defense was the failure of the assured to make proofs of loss within thirty days after the fire, as required by the terms of the policy. As 'instructed by the court, at the close of plaintiff’s evidence, the jury returned a verdict for defendant, and from a judgment thereon, plaintiff appealed.
The sole question is, whether there was, at the…
2Cases cited5 opinions
- Saint Louis Insurance v. KyleSupreme Court of Missouri · 1848
- Central City Insurance v. OatesSupreme Court of Alabama · 1888
- Gale v. State InsuranceMissouri Court of Appeals · 1889
- Bolan v. Fire Ass'nMissouri Court of Appeals · 1894
- Summers v. Western Home InsuranceMissouri Court of Appeals · 1891
3Cited by8 opinions
- Myers v. Maryland Casualty Co.Missouri Court of Appeals · 1907
- Doerr v. National Fire InsuranceSupreme Court of Missouri · 1926
- Chandler v. John Hancock Mutual Life InsuranceMissouri Court of Appeals · 1914
- Shearlock v. Mutual Life InsuranceMissouri Court of Appeals · 1916
- Crenshaw v. Pacific Mutual Life InsuranceMissouri Court of Appeals · 1895
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