Motorists Mutual Ins. v. Jones

Plaintiff insurance company is suing a general contractor, Jones, and an artisan to recover on a subrogated fire claim, alleging negligence against both. In addition to a general denial of the claims in the petition, defendants present a special defense in which they claim that plaintiff’s insured, Mr. and Mrs. Walker, expressly waived any claim for damages from fire, whether negligently caused or not.

By agreement among counsel and the court, a jury was waived, evidence heard and briefs submitted on this defense. If the court finds it supported by the evidence and the law, judgment is to be…