Frisbie v. Fidelity Casualty Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. Hon. Thomas J. Seehorn, Judge. (1) We contend that the company is not liable for a loss under this condition of the policy contract for the reason that the damage happened by and in consequence of a fire and that the proximate cause of the loss was brought about by and in consequence of the fire. Insurance Co. v. Boone, 95 U. S. 117; Gordon v. Eimington, 1 Campbell 123; Holwerson y. Eailroad, 157 Mo. 230; Saxon v. Eailroad, 98 Mo.
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Appeal from Jackson Circuit Court. Hon. Thomas J. Seehorn, Judge. (1) We contend that the company is not liable for a loss under this condition of the policy contract for the reason that the damage happened by and in consequence of a fire and that the proximate cause of the loss was brought about by and in consequence of the fire. Insurance Co. v. Boone, 95 U. S. 117; Gordon v. Eimington, 1 Campbell 123; Holwerson y. Eailroad, 157 Mo. 230; Saxon v. Eailroad, 98 Mo. App. 501; Cohen & Greenman v. Insurance Co., 96 Mo. App. 315; Eailroad y. Kellogg, 94 U. S. 469; 4 Cooley’s Brief on Insurance,…
1Opinion of the CourtJohnson, J.
Action on a policy of insurance. A jury was waived, the cause submitted on an agreed statement of facts, judgment was entered for defendant, and plaintiff appealed. The policy was for what is called plate glass insurance and by its terms defendant undertook to insure plaintiff against loss by “breakage of the glass,” in a store building owned by plaintiff in the town of Hale. Among the conditions of the contract were the following:
“1. That such breakage shall be.the result of accident and due to causes beyond the control of the assured. ...
“4. That this company is not liable to make good any…
2Cases cited2 opinions
- Insurance Co. v. BoonSupreme Court of the United States · 1877
- Laub v. Chicago, Burlington & Quincy Railway Co.Missouri Court of Appeals · 1906
3Cited by10 opinions
- Madison Block Pharmacy, Inc. v. United States Fidelity & Guaranty Co.Supreme Court of Missouri · 1981
- Clark v. St. Louis & Suburban Railway Co.Supreme Court of Missouri · 1911
- Cresthill Industries, Inc. v. Providence Washington InsuranceAppellate Division of the Supreme Court of the State of New York · 1976
- Beauty Supplies, Inc. v. Hanover Insurance Co.Missouri Court of Appeals · 1975
- Metropolitan Casualty Insurance v. BergheimColorado Court of Appeals · 1912
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