Legal Opinion

Still v. Connecticut Fire Insurance

Missouri Court of Appeals

Decided January 11, 1915PublishedCited by 23 opinions

Appeal from Adair Circuit Court . — Eon. G. D. Stewart, Judge. The court erred in refusing defendant’s declaration 1. The policy explicitly designated and limited the insurance to “the barn.” No additions or other structures were covered, or intended to be insured. Other buildings and additions were insured in this policy. The silo was a separate structure not covered by the policy. 19 Cyc. 665 (3); 13 Am. & Eng. Ency.

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Appeal from Adair Circuit Court . — Eon. G. D. Stewart, Judge. The court erred in refusing defendant’s declaration 1. The policy explicitly designated and limited the insurance to “the barn.” No additions or other structures were covered, or intended to be insured. Other buildings and additions were insured in this policy. The silo was a separate structure not covered by the policy. 19 Cyc. 665 (3); 13 Am. & Eng. Ency. Law (2 Ed.), Ill, 112; Forbes v. Insurance Co., 164 Mass. 402; American Ins. Co. v. Neiberger, 74 Mo. 167; McHoney v. German Ins. Co., 52 Mo. App. 94. (1) A policy of insurance…

1Opinion of the CourtTrimble, J.

This is an action on a policy of tornado insurance. The controversy is over the question whether or not the property damaged by the *553windstorm was covered by the policy. A jury was waived and the cause was tried by the court. No declarations of law or findings of fact were asked or given. Judgment in the sum of $507, the amount sued for, was rendered for plaintiff, and defendant appealed.

In addition to $2000 on plaintiff’s residence, the policy provided for “$3500 on the shingle-roof frame barn building situate on same premises, $1000' on the shingle-roof frame barn 100 feet north of first…

2Cases cited5 opinions

  1. LaForce v. Williams City Fire InsuranceMissouri Court of Appeals · 1891
  2. Anthony v. German American InsuranceMissouri Court of Appeals · 1892
  3. Belch v. SchottMissouri Court of Appeals · 1913
  4. Gross v. Milwaukee Mechanics' InsuranceWisconsin Supreme Court · 1896
  5. Hosford v. RoweSupreme Court of Minnesota · 1889

3Cited by23 opinions

  1. State Ex Rel. Security Mutual Life Insurance v. AllenSupreme Court of Missouri · 1924
  2. University City, Mo. v. Home Fire & Marine Ins. Co.Court of Appeals for the Eighth Circuit · 1940
  3. Queen Ins. Co. of America v. Meyer Milling Co.Court of Appeals for the Eighth Circuit · 1930
  4. East & West Ins. Co. of New Haven, Conn. v. FidelCourt of Appeals for the Tenth Circuit · 1931
  5. Winston v. Hartford Fire Insurance Co.Missouri Court of Appeals · 1958

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