Norris v. Farmers Mutual Fire Insurance
Missouri Court of Appeals
Appeal from the Buchanan Circuit Court. — Hon. H. M. Ramey, Judge. (1) Defendant’s demurrer to plaintiff’s evidence should have been sustained. Compliance with a condition in a policy of fire insurance requiring proofs of loss is a condition precedent to recovery under the policy; and no proofs of loss were ever made or attempted to be made in this case. McCullough v. Ins. Co., 113 Mo. 606; Leigh v. Ins. Co., 37 Mo. App. 542; Hanna v. Ins. Co., 36 Mo.
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Appeal from the Buchanan Circuit Court. — Hon. H. M. Ramey, Judge. (1) Defendant’s demurrer to plaintiff’s evidence should have been sustained. Compliance with a condition in a policy of fire insurance requiring proofs of loss is a condition precedent to recovery under the policy; and no proofs of loss were ever made or attempted to be made in this case. McCullough v. Ins. Co., 113 Mo. 606; Leigh v. Ins. Co., 37 Mo. App. 542; Hanna v. Ins. Co., 36 Mo. App. 538; 1 Beach on Insurance, 457. (2) There was no waiver of proofs of loss. Agreement to arbitrate the amount of loss does not constitute a…
1Opinion of the CourtSmith, P. J.
This is a suit on a fire insurance policy commenced before a justice of the peace. The *635property covered by tbe policy and destroyed by tbe fire consisted of a barn and tbe grain therein.
It is conceded that tbe plaintiff gave tbe defendant timely notice of tbe occurrence of tbe fire. Tbe integrity of tbe loss is not called in question. The plaintiff did not make proof of loss “as soon after the fire as possible,” or at all. Tbe defendant here insists that the failure of tbe plaintiff in this regard was fatal to bis right of recovery for tbe loss. Undoubtedly this insistence must be sustained,…
2Cases cited8 opinions
- Rokes v. Amazon InsuranceCourt of Appeals of Maryland · 1879
- Okey v. State InsuranceMissouri Court of Appeals · 1888
- Erwin v. Springfield Fire & Marine InsuranceMissouri Court of Appeals · 1887
- Grigsby v. German InsuranceMissouri Court of Appeals · 1890
- Leigh v. Springfield Fire & Marine InsuranceMissouri Court of Appeals · 1889
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3Cited by2 opinions
- Coen v. Denver Township Mutual Fire InsuranceAppellate Court of Illinois · 1910
- Marsh Oil Co. v. Aetna InsuranceMissouri Court of Appeals · 1899