Nave v. Home Mutual Insurance
Supreme Court of Missouri
Appeal from St. Louis Circuit Court.. The contract of insurance is a contract strictissimi juris. (1 Phil. Ins. 231.) It will embrace no other property than that'described. In this case, the insurance is upon a “ brick building, occupied as a wholesale and retail grocery store.” It is not contended that a change in the building was caused by the assured, or indeed that there was any change or alteration in the building at all.
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Appeal from St. Louis Circuit Court.. The contract of insurance is a contract strictissimi juris. (1 Phil. Ins. 231.) It will embrace no other property than that'described. In this case, the insurance is upon a “ brick building, occupied as a wholesale and retail grocery store.” It is not contended that a change in the building was caused by the assured, or indeed that there was any change or alteration in the building at all. In this case the company did not insure a lot of rubbish, but a building. Nothing was insured in this case but a building used as a wholesale and retail grocery store,”…
1Opinion of the CourtHolmes, Judge
It was conceded that there was evidence in the case tending to show that the building, which was the subject insured, being used as a store and warehouse, and the floors being heavily loaded with merchandise, by reason of the overloading, or of some defect of construction, before the happening of the fire, and without any agency of fire, fell down and became a mass of rubbish; and that the fire, which occasioned the loss afterwards, arose in the fallen materials. There was evidence also, as it was admitted, tending to support the petition.
' The court instructed the jury that, if the building…
2Cited by18 opinions
- Royal Insurance Co. v. McIntyreTexas Supreme Court · 1896
- Williams v. Hartford Ins. Co.California Supreme Court · 1880
- Hamburg-Bremen Fire Insurance v. GarlingtonTexas Supreme Court · 1886
- O'Keefe v. Liverpool, London & Globe InsuranceSupreme Court of Missouri · 1897
- Stevens v. Norwich Union Fire InsuranceMissouri Court of Appeals · 1906
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