Legal Opinion

Porter v. German-American Insurance

Missouri Court of Appeals

Decided May 20, 1895PublishedCited by 12 opinions

Appeal from the Jasper Circuit Court. — Hon. H. H. Harding, Special Judge. (1) Compliance with, a condition in a policy of insurance requiring proofs of loss, is a condition precedent to a recovery under the policy, unless a waiver of it has been shown. Leigh v. F: & M. Co., 37 Mo. App. 547; Hanna v. Ins. Co., 36 Mo. App. 538; Norman v. Ins.- Co., 21 Mo. 81; Simms v. Ins. Co., 47 Mo. 64; Maddox v. Ins. Co., 56 Mo.

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Appeal from the Jasper Circuit Court. — Hon. H. H. Harding, Special Judge. (1) Compliance with, a condition in a policy of insurance requiring proofs of loss, is a condition precedent to a recovery under the policy, unless a waiver of it has been shown. Leigh v. F: & M. Co., 37 Mo. App. 547; Hanna v. Ins. Co., 36 Mo. App. 538; Norman v. Ins.- Co., 21 Mo. 81; Simms v. Ins. Co., 47 Mo. 64; Maddox v. Ins. Co., 56 Mo. App. 343-348; (2) The fact that an adjuster visited the place of fire and offered to settle the loss with the insured upon a certain basis, which offer was rejected by the insured,…

1Opinion of the CourtSmith, P. J.

This is an action on a fire insurance policy to recover for loss by fire of plaintiff’s' stock of merchandise. It is not controverted that the destruc*522tion of the property took place within the life of the policy.

The defense interposed is that of noncompliance by plaintiff with a .'condition in the policy, requiring him “in case of loss to give immediate notice thereof and render to the company a particular account of said loss, under oath, stating the time, origin and circumstances of the fire; the occupancy of the building insured, or containing the property insured at the time of the fire;…

2Cases cited8 opinions

  1. Okey v. State InsuranceMissouri Court of Appeals · 1888
  2. Erwin v. Springfield Fire & Marine InsuranceMissouri Court of Appeals · 1887
  3. Gale v. State InsuranceMissouri Court of Appeals · 1889
  4. Noonan v. Hartford Fire InsuranceSupreme Court of Missouri · 1855
  5. Grigsby v. German InsuranceMissouri Court of Appeals · 1890

3 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Burgess v. Mercantile Town Mutual InsuranceMissouri Court of Appeals · 1905
  2. Carp v. Queen InsuranceMissouri Court of Appeals · 1906
  3. Dautel v. Pennsylvania Fire InsuranceMissouri Court of Appeals · 1896
  4. Ball v. Royal InsuranceMissouri Court of Appeals · 1908
  5. Roberts v. Insurance Co. of AmericaMissouri Court of Appeals · 1902

7 more not listed; retrieve them via the Exa API.

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