Legal Opinion

Brix v. American Fidelity Co.

Missouri Court of Appeals

Decided February 4, 1913PublishedCited by 7 opinions

Appeal from St. Louis City Cireiiit Court. — Eon. George E. Shields, Judge. (1) There could be no loss by plaintiff because she was living with her husband, keeping house, doing no other work; her services belonged to him and if incapacitated the loss was his, not hers; no insurable interest in the plaintiff was shown. "Wallis v. West-port, 82 Mo.

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Appeal from St. Louis City Cireiiit Court. — Eon. George E. Shields, Judge. (1) There could be no loss by plaintiff because she was living with her husband, keeping house, doing no other work; her services belonged to him and if incapacitated the loss was his, not hers; no insurable interest in the plaintiff was shown. "Wallis v. West-port, 82 Mo. App. 527; Elliott v. K. C., 210 Mo. 576; Perrigo v. St. Louis, 185 Mo. 285. (2) There is no proof that plaintiff paid or became obliged to pay physicians’ fees, yet she was allowed $7.50 for this item. A married woman can recover for medical…

1Opinion of the CourtNortoni, J.

This is a suit on a policy of accident insurance. Plaintiff recovered and defendant prosecutes the appeal. On agreement of the parties, the case was tried before the court without a jury.

The principal question for review here relates to the matter of the court’s giving judgment for plaintiff though it appeared notice of the accident was not given to defendant within a reasonable. time as required by the policy. By the policy of insurance, defendant agreed ‘ ‘ to indemnify the insured, Mrs. Libbie Brix, against bodily injury caused solely by external, *522violent and accidental means while this…

2Cases cited6 opinions

  1. Myers v. Maryland Casualty Co.Missouri Court of Appeals · 1907
  2. Bell v. Missouri State Life InsuranceMissouri Court of Appeals · 1912
  3. Francis v. Supreme Lodge Ancient Order of United WorkmenMissouri Court of Appeals · 1910
  4. Fare v. GunterSupreme Court of Missouri · 1884
  5. Crenshaw v. Pacific Mutual Life InsuranceMissouri Court of Appeals · 1895

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

3Cited by7 opinions

  1. Gold Issue Mining & Milling Co. v. Pennsylvania Fire InsuranceSupreme Court of Missouri · 1916
  2. Witt v. Universal Automobile Ins. Co.Court of Appeals of Texas · 1938
  3. Thompson v. Modern Brotherhood of AmericaMissouri Court of Appeals · 1915
  4. Yeomans v. HerrickMissouri Court of Appeals · 1914
  5. Beall v. MillerMissouri Court of Appeals · 1921

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

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