Aetna Life Ins. v. Kansas City Electric Light Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — No». Jos. A. Guthrie, Judge. (1) The court erred in applying cancellation clause “K” in rendering judgment herein. The companies going out of business were entitled to cancel the policy without the application of “customary short rates,” and instruction number 1 should have been given. LaForce v. Insurance Co., 43 Mo. App. 530; Mathews v. Woodmen, 236 Mo. 342-434. (2) The court erred in allowing interest.
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Appeal from Jackson Circuit Court. — No». Jos. A. Guthrie, Judge. (1) The court erred in applying cancellation clause “K” in rendering judgment herein. The companies going out of business were entitled to cancel the policy without the application of “customary short rates,” and instruction number 1 should have been given. LaForce v. Insurance Co., 43 Mo. App. 530; Mathews v. Woodmen, 236 Mo. 342-434. (2) The court erred in allowing interest. There was no sufficient proof of demand. McDonald v. Loewen, 145' Mo. App. 59. (1) The fact of its own existence and occupation being peculiarly within…
1Opinion of the CourtTrimble, J.
Plaintiff issued to the defendants a policy of indemnity insurance which covered a term of three years. At the expiration of twenty-seven and one-half months the policy was canceled by the ■assured, which right was accorded defendants by the policy. Plaintiff claimed a balance due on the premium earned during the time the policy continued in force, and brought this suit to recover $1843.70 as such balance.
The answer admitted the issuance of the policy to the defendants, although the name of one of the defendants does not appear in the policy as shown in the record. The answer further set up…
2Cases cited7 opinions
- Mathews v. Modern Woodmen of AmericaSupreme Court of Missouri · 1911
- Prewitt v. MartinSupreme Court of Missouri · 1875
- Trimble v. Kansas City, Pittsburg & Gulf RailroadSupreme Court of Missouri · 1904
- Kitchen v. Cape Girardeau & State Line RailroadSupreme Court of Missouri · 1875
- State v. ScharSupreme Court of Missouri · 1872
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
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- Maryland Casualty Co. v. Boise Street Car Co.Idaho Supreme Court · 1932
- Northwestern Casualty & Surety Co. v. BarzuneCourt of Appeals of Texas · 1931
- Anchor Casualty Co. v. Inland Motor Freight, Inc.District Court, E.D. Washington · 1951