Rogers v. Home Insurance
Missouri Court of Appeals
Appeal from Clinton Circuit Court. — Hon. A. D. Burnes, Judge. . (1) The court erred in admitting testimony of respondent of alleged conversations with appellant’s agent, Doherty, as to his intention to procure other insurance. To constitute a waiver of the condition against other insurance something more is necessary than notice that insured intends or expects to procure additional insurance. Hutchinson v. Ins. Co., 21 Mo. 97; Deitz v. Ins.
Read the full summary
Appeal from Clinton Circuit Court. — Hon. A. D. Burnes, Judge. . (1) The court erred in admitting testimony of respondent of alleged conversations with appellant’s agent, Doherty, as to his intention to procure other insurance. To constitute a waiver of the condition against other insurance something more is necessary than notice that insured intends or expects to procure additional insurance. Hutchinson v. Ins. Co., 21 Mo. 97; Deitz v. Ins. Co., 38 Mo. 85; Rothschild v. Ins. Co., 62 Mo. 356; Carpenter v. Ins. Co., 16 Pet. 494; Insurance Co. v. Mowry, 96 U. S. 544; Insurance Co. v. Hurd, 37…
1Opinion of the CourtEllison, J.
This action is based on a policy of fire insurance for $3000, in which plaintiff recovered the full amount with interest and in addition thereto the sum of $300 attorneys’ fee and. $300 penalty for alleged vexatious refusal to pay.
The policy was issued on the 16th of November, 1905, and contained a provision that if any other or additional insurance was on the property when this one was issued, or if any other was taken after its issuance, the policy should be wholly void, unless consent for such other insurance was endorsed on the policy. The record discloses that at the time the policy was…
2Cases cited11 opinions
- Havens v. Home InsuranceIndiana Supreme Court · 1887
- Thompson v. Traders' InsuranceSupreme Court of Missouri · 1902
- Hayward, Assignee v. National InsuranceSupreme Court of Missouri · 1873
- Springfield Steam Laundry Co. v. Traders' InsuranceSupreme Court of Missouri · 1899
- Nickell v. Phoenix InsuranceSupreme Court of Missouri · 1898
6 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Patterson v. American InsuranceMissouri Court of Appeals · 1912
- Farmers Mutual Fire & Lightning Ass'n v. La ValleeMissouri Court of Appeals · 1973
- Kring v. Globe Farmers' Town Mutual Fire, Tornado, Cyclone & Windstorm InsuranceMissouri Court of Appeals · 1916
- Bennett v. National Fire InsuranceMissouri Court of Appeals · 1940
- Rogers v. Connecticut Fire InsuranceMissouri Court of Appeals · 1911
5 more not listed; retrieve them via the Exa API.