Loehner v. Home Mutual Insurance
Supreme Court of Missouri
Appeal from Si. Louis Court of Common Pleas. 1. The court erred in excluding parol evidence of the disclosure of the incumbrance, at the time of the application, to the agent of the defendant, and of the agent’s reply. 2. The court erred in refusing appellants, 4th, 6th and 8th instructions, and in giving respondent’s first instruction. 8. The description of the building, as contained in the application and policy, and therefore warranted, was fully sustained.
Read the full summary
Appeal from Si. Louis Court of Common Pleas. 1. The court erred in excluding parol evidence of the disclosure of the incumbrance, at the time of the application, to the agent of the defendant, and of the agent’s reply. 2. The court erred in refusing appellants, 4th, 6th and 8th instructions, and in giving respondent’s first instruction. 8. The description of the building, as contained in the application and policy, and therefore warranted, was fully sustained. Oowper, 785. 1 Ryan & Moo. 92. 2 N. Y. Term Rep. 222. 4. No fact material to the risk was concealed by the insured. The existence of a…
1Opinion of the CourtScott, Judge
This was an action upon a fire policy covering a dwelling house and furniture, begun by the appellants against the respondent. The insurance was effected by Jeanettine Clementine, who afterwards intermarried with the appellant, August Loehner.
Among other defences, the answer sets up that the written application for insurance, which was made a part of the policy, did not truly state the incumbrances which covered the insured premises, nor did it fully describe the character of the house sought to be insured. That there was a deed of trust upon the house and lot at the time of the application…
2Cases cited2 opinions
- Cadwell v. StateSupreme Court of Connecticut · 1846
- Commonwealth v. StewartSupreme Court of Pennsylvania · 1815
3Cited by49 opinions
- Southern Fire Insurance v. KnightSupreme Court of Georgia · 1900
- Ayres v. Hartford Fire InsuranceSupreme Court of Iowa · 1864
- Havens v. Home InsuranceIndiana Supreme Court · 1887
- Merrill v. . Agricultural Ins. Co.New York Court of Appeals · 1878
- Keller v. Home Life InsuranceSupreme Court of Missouri · 1906
44 more not listed; retrieve them via the Exa API.