Columbia Planing Mill Co. v. American Fire Insurance
Missouri Court of Appeals
Appeal from the Boone Circuit Court.—Hon. Jno. A. Hockaday, Judge. (1) The court erred in permitting the witnesses to testify in reference to the propositions of compromise. The court erred in overruling defendant’s objection to this evidence, and in holding that it was admissible to show waiver of a proof of loss. As that question was not in issue, the defendant from the first denied its liability under the policy, and that did away with the necessity of a proof of loss.
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Appeal from the Boone Circuit Court.—Hon. Jno. A. Hockaday, Judge. (1) The court erred in permitting the witnesses to testify in reference to the propositions of compromise. The court erred in overruling defendant’s objection to this evidence, and in holding that it was admissible to show waiver of a proof of loss. As that question was not in issue, the defendant from the first denied its liability under the policy, and that did away with the necessity of a proof of loss. Maddox v. Ins. Co., 39 Mo. App. 198. The court erred in refusing to give the following declaration of law offered by the…
1Opinion of the CourtEllison, J.
This is an action on a policy of insurance assigned to plaintiffs by the assured in which plaintiffs recovered below.
The house was insured as a dwelling house, while the proof showed it to be a bawdy house. It was the dwelling house of the assured, but she used it and occupied it as a bawdy house. The policy contained no provision against bawdy houses, but did contain a clause that the policy should be void if the hazard be increased or any material fact be concealed with reference to the risk. Conceding that a bawdy house is an increased risk and hazard over an ordinary dwelling house and…
2Cases cited3 opinions
- LaForce v. Williams City Fire InsuranceMissouri Court of Appeals · 1891
- Stavinow v. Home InsuranceMissouri Court of Appeals · 1891
- Summers v. Western Home InsuranceMissouri Court of Appeals · 1891
3Cited by6 opinions
- Marshall v. TaylorMissouri Court of Appeals · 1913
- Firemen's Ins. Co. Of Newark, N.J. v. SmithCourt of Appeals for the Eighth Circuit · 1950
- Hanover Fire Ins. Co. v. EismanSupreme Court of Oklahoma · 1915
- Rosencrans v. North American InsuranceMissouri Court of Appeals · 1896
- Hilburn v. Phoenix InsuranceMissouri Court of Appeals · 1910
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