Burgess v. Mercantile Town Mutual Insurance
Missouri Court of Appeals
Appeal from Jefferson Circuit Court. — Hon. Frcmh R. Dearmg, Judge. (1) The policy provides that two conditions precedent shall be performed by the insured, if fire occurs : (a) “If fire occur the insured shall give immediate notice of any loss thereby in writing to the company.”
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Appeal from Jefferson Circuit Court. — Hon. Frcmh R. Dearmg, Judge. (1) The policy provides that two conditions precedent shall be performed by the insured, if fire occurs : (a) “If fire occur the insured shall give immediate notice of any loss thereby in writing to the company.” This is the first condition precedent; and (b) “Within sixty days after the fire, unless such time is extended in writing by this company, shall render a statement to this company at its general office, signed and sworn to by said insured, stating the knowledge and belief of the insured as to the time and origin of…
1Opinion of the CourtNortoni, J.
(after stating the facts). — 1. The conditions in an insurance policy requiring immediate notice of the loss and proofs to be furnished within sixty days are reasonable requirements, and as such, are universally upheld by the courts, therefore the law is well settled to the effect that before a recovery can be had on a policy containing the conditions in that behalf to be found in the policy in suit, it must affirmatively be shown that the required notice had been given within a reasonable time after the loss and that the proofs have been rendered within the time specified in the policy or *180a…
2Cases cited26 opinions
- McCullough v. Phœnix InsuranceSupreme Court of Missouri · 1893
- Underwood v. . Farmers' Joint Stock Ins. Co.New York Court of Appeals · 1874
- LaForce v. Williams City Fire InsuranceMissouri Court of Appeals · 1891
- Nickell v. Phoenix InsuranceSupreme Court of Missouri · 1898
- Saint Louis Insurance v. KyleSupreme Court of Missouri · 1848
21 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Sentinel Fire Insurance v. McRobertsCourt of Appeals of Georgia · 1934
- Myers v. Maryland Casualty Co.Missouri Court of Appeals · 1907
- Union Fraternal League v. SweeneyIndiana Supreme Court · 1916
- Schultz v. Queen Insurance CompanyMissouri Court of Appeals · 1965
- State Ex Rel. Continental Insurance v. BeckerSupreme Court of Missouri · 1934
8 more not listed; retrieve them via the Exa API.