London Guarantee & Accident Co. v. Missouri & Illinois Coal Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Warwick Hough, Judge. (1) Before a valid contract of insurance is made the premium to he paid must he agreed upon. Worth v. Ins. Co., 64 Mo. App. 583; Wood on Fire Ins., 2d Ed., vol. 1, p. 21. (2) Stipulations attached to a policy, when delivered, and appearing on its face are taken as-embraced in and constituting part of the policy if they appear anywhere on its face, though not written in the body. Crigler v. Ins.
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Appeal from St. Louis City Circuit Court. — Hon. Warwick Hough, Judge. (1) Before a valid contract of insurance is made the premium to he paid must he agreed upon. Worth v. Ins. Co., 64 Mo. App. 583; Wood on Fire Ins., 2d Ed., vol. 1, p. 21. (2) Stipulations attached to a policy, when delivered, and appearing on its face are taken as-embraced in and constituting part of the policy if they appear anywhere on its face, though not written in the body. Crigler v. Ins. Co., 49' Mo. App. 11. (3) A contract of insurance is effected when the terms proposed by the applicant for insurance in his…
1Opinion of the CourtReyburn, J.
(after stating the facts as above) — Prom the preceding recapitulation of the facts, it is obvious that the sole question in issue was the premium rate to be paid. An eminent author, in his treatise upon the law of fire insurance, which is recognized as a leading authority upon the subject, enunciates the rule, that in order to create a valid contract of insurance the following elements must coexist, namely: the subject-matter, to which the policy is to attach; the risk insured *545against; the amount of indemnity definitely fixed, the duration of the risk and the consideration to he paid for the…
2Cases cited8 opinions
- Thompson v. Traders' InsuranceSupreme Court of Missouri · 1902
- Franklin v. Atlantic Fire InsuranceSupreme Court of Missouri · 1868
- Keim v. Home Mutual Fire & Marine InsuranceSupreme Court of Missouri · 1867
- Ross-Langford v. Mercantile Town Mutual InsuranceMissouri Court of Appeals · 1902
- Burdick v. Security Life Ass'nMissouri Court of Appeals · 1899
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3Cited by1 opinion
- London Guaranty & Accident Co. v. HartmanAppellate Court of Illinois · 1905