Chamberlain v. British-American Assurance Co.
Missouri Court of Appeals
Appeal from the St. Louis Gity Circuit Court. — Hon. John A. Talty, Judge. The instruction of nonsuit should have been given, as the policy provided it should be void if the building containing the insured property was unoccupied for ten days, and the testimony, of plaintiff established it was unoccupied for that time. Cook v. Ins. Co., 70 Mo. 610; Craig v. Ins. Co., 34 Mo. App, 484; Norman v. Ins. Co., 74 Mo.
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Appeal from the St. Louis Gity Circuit Court. — Hon. John A. Talty, Judge. The instruction of nonsuit should have been given, as the policy provided it should be void if the building containing the insured property was unoccupied for ten days, and the testimony, of plaintiff established it was unoccupied for that time. Cook v. Ins. Co., 70 Mo. 610; Craig v. Ins. Co., 34 Mo. App, 484; Norman v. Ins. Co., 74 Mo. App. 460. Instruction given for plaintiff was erroneous because it ignored the restriction the policy placed on the power of the agent to make any waiver of any of the provisions or…
1Opinion of the CourtBond, J.
This suit is for damages for household furniture covered by defendant’s policy, which was destroyed by fire. The only defense made in-the answer is that the premises became vacant or unoccupied for ten days contrary to the provisions of the policy. The reply set up a waiver by the issuance of the policy with knowledge that the house was to be repaired before it could be occupied by the assured. Plaintiff had judgment, and defendant appealed, and complains of the refusal of the court to direct a verdict for defendant, and of the instructions given by it at plaintiff’s request.
The policy was…
2Cited by6 opinions
- Gordon v. St. Paul Fire & Marine InsuranceMichigan Supreme Court · 1917
- Bledsoe v. Farm Bureau Mutual Insurance Co.Missouri Court of Appeals · 1960
- McKinney v. Providence Washington Insurance Co.West Virginia Supreme Court · 1959
- White v. Citizens Insurance Co. of New JerseyMissouri Court of Appeals · 1962
- Heindselman v. Home Insurance Co.Missouri Court of Appeals · 1955
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