Legal Opinion

Overton v. American Central Insurance

Missouri Court of Appeals

Decided February 20, 1899PublishedCited by 7 opinions

Appeal from the Jasper Circuit Court. — Hon. J. D. Perkins, Judge. (1) Plaintiff paid defendant for insurance;, and defendant made tbe contract of insurance, and tbe loss of tbe property occurred.

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Appeal from the Jasper Circuit Court. — Hon. J. D. Perkins, Judge. (1) Plaintiff paid defendant for insurance;, and defendant made tbe contract of insurance, and tbe loss of tbe property occurred. The evidence shows conclusively that no statements whatever were made by plaintiff’s agent, in applying for insurance, as to title or ownership of the property, but he simply said we wanted the property insured, and that defendant’s agents did the rest, acting upon, their own knowledge as to facts and discretion as to whose name the policy should run in; and that as to the contemplated use of the…

1Opinion of the CourtEllison, J.

This action is based on a policy of fire insurance in which'it was stipulated that the assured was the sole and unconditional owner in fee simple. The court gave a peremptory instruction directing a verdict for defendant.

*4It was stipulated in tbe policy that plaintiff was tlie sole and unconditional owner in fee simple of the property. It was further stipulated that if the interest of the assured in the property be not truly stated, the policy should be void, and that the policy was made and accepted subject to such stipulations and conditions. There was no written application for the…

2Cases cited2 opinions

  1. Mers v. Franklin InsuranceSupreme Court of Missouri · 1878
  2. Barnard v. National Fire InsuranceMissouri Court of Appeals · 1887

3Cited by7 opinions

  1. Raulet v. Northwestern Nat'l Ins. Co. of MilwaukeeCalifornia Supreme Court · 1910
  2. Madsen v. Maryland Cas. Co. of BaltimoreCalifornia Supreme Court · 1914
  3. Burch v. Hartford Fire InsuranceCalifornia Court of Appeal · 1927
  4. Derry v. FielderSupreme Court of Missouri · 1909
  5. O'Brien v. Greenwich InsuranceMissouri Court of Appeals · 1902

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