Havens v. Germania Fire Insurance
Supreme Court of Missouri
Appeal from Jackson Circuit Coivrt. (1) The court having found that the property insured was totally destroyed, should have assessed the damages at the amount-of insurance written in the several policies. R. S. 1879, sec. 6009; Amplemanv. Ins. Co., 35 Mo. App. 308; Ampleman v. Ins. Go., 35 Mo. App. 317; Barnard v. Ins. Co., 38 Mo. App. 106; Reilly v. Ins. Co., 43 Wis. 388; Thompson v. Ins. Co., 45 Wis. 388; Oshkosh Co. v. Ins. Co., 71 Wis. 454; Ins.
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Appeal from Jackson Circuit Coivrt. (1) The court having found that the property insured was totally destroyed, should have assessed the damages at the amount-of insurance written in the several policies. R. S. 1879, sec. 6009; Amplemanv. Ins. Co., 35 Mo. App. 308; Ampleman v. Ins. Go., 35 Mo. App. 317; Barnard v. Ins. Co., 38 Mo. App. 106; Reilly v. Ins. Co., 43 Wis. 388; Thompson v. Ins. Co., 45 Wis. 388; Oshkosh Co. v. Ins. Co., 71 Wis. 454; Ins. Co. v. Leslie, 24 N. E. Rep. (Ohio) 1072; Emery v. Ins. Co. 52 Me. 322. (2) The object the legislature had in view in the enactment of section…
1Opinion of the CourtGantt, J.
— All the policies of insurance sued on in this case were written and issued in November, 1884, after section 6009, Revised Statutes, 1879, had become a law of this state. Several of said policies contained a stipulation that in case of loss, the damage should be estimated according to the actual cash value of the property at the time of the loss or fire, which should, in no case, exceed the cost of replacing or restoring the burnt property, whereas section 6009, Revised Statutes, 1879, provided: “Whenever any policy of insurance shall be written to insure any real property, including…
2Cases cited17 opinions
- Queen Insurance v. Jefferson Ice Co.Texas Supreme Court · 1885
- Williams v. Hartford Ins. Co.California Supreme Court · 1880
- Oshkosh Gas Light Co. v. Germania Fire InsuranceWisconsin Supreme Court · 1888
- Reilly v. Franklin Insurance Co. of St. LouisWisconsin Supreme Court · 1877
- Rogers v. CrowSupreme Court of Missouri · 1867
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3Cited by62 opinions
- Cravens v. New York Life InsuranceSupreme Court of Missouri · 1899
- Freund v. FreundIllinois Supreme Court · 1905
- United States v. Becktold Co.Court of Appeals for the Eighth Circuit · 1942
- Christian v. Connecticut Mutual Life InsuranceSupreme Court of Missouri · 1898
- Daggs v. Orient InsuranceSupreme Court of Missouri · 1896
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