Combs v. Hannibal Savings & Insurance
Supreme Court of Missouri
Appeal from Fourth District Court. I. The contract of insurance in this case was conditional. It provides, in express terms, that “ if the interest of the assured be any other than the entire, absolute, unconditional, and sole ownership of the property, both at law and in equity, it must be so represented to the company in the written portion of this policy, and such interest correctly described, otherwise the company shall not be liable by virtue of this policy.”
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Appeal from Fourth District Court. I. The contract of insurance in this case was conditional. It provides, in express terms, that “ if the interest of the assured be any other than the entire, absolute, unconditional, and sole ownership of the property, both at law and in equity, it must be so represented to the company in the written portion of this policy, and such interest correctly described, otherwise the company shall not be liable by virtue of this policy.” The policy being conditional, and the condition broken, the policy is void. If plaintiffs are induced to make such a contract by…
1Opinion of the CourtCurrier, Judge
This action is based on a fire policy for $1,000, issued by the defendants September 24,1866, insuring to the plaintiffs a frame building and some personal property contained therein. A recovery is resisted on the ground of false representations and warranties, in this: that the plaintiffs, in their application, represented their title to the insured property to be an unencumbered fee simple, whereas it was in fact only an encumbered equitable title. The application, which was read in evidence on the trial, contained the following questions and answers, namely:
“ Question 10. What is the title…
2Cases cited6 opinions
- Rowley v. . the Empire Insurance Co.New York Court of Appeals · 1867
- Plumb v. . Cattaraugus Co. Mutual Insurance Company.New York Court of Appeals · 1858
- Hough v. City Fire InsuranceSupreme Court of Connecticut · 1860
- Franklin v. Atlantic Fire InsuranceSupreme Court of Missouri · 1868
- Peck v. New London County Mutual InsuranceSupreme Court of Connecticut · 1852
1 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- Northrup v. Mississippi Valley InsuranceSupreme Court of Missouri · 1871
- Schwarzbach v. Ohio Valley Protective UnionWest Virginia Supreme Court · 1885
- Hayward, Assignee v. National InsuranceSupreme Court of Missouri · 1873
- Insurance Co. v. BrodieSupreme Court of Arkansas · 1889
- Gold Issue Mining & Milling Co. v. Pennsylvania Fire InsuranceSupreme Court of Missouri · 1916
40 more not listed; retrieve them via the Exa API.