Hoover v. Mercantile Town Mutual Insurance
Missouri Court of Appeals
Appeal from Oregon Circuit Court. — Hon. W. N. Fvanst Judge. (1) The court erred in giving plaintiff’s first instruction. It ignores entirely all the defenses raised by the answer. The question whether or not insured overvalued the house in the application, was for the jury; and if he did, plaintiffs can not recover. School District v. Ins. Co., 61 Mo. App. 597; Catron v. Ins. Co., 6 Humphreys 176;' 2 Bennett Eire Ins.
Read the full summary
Appeal from Oregon Circuit Court. — Hon. W. N. Fvanst Judge. (1) The court erred in giving plaintiff’s first instruction. It ignores entirely all the defenses raised by the answer. The question whether or not insured overvalued the house in the application, was for the jury; and if he did, plaintiffs can not recover. School District v. Ins. Co., 61 Mo. App. 597; Catron v. Ins. Co., 6 Humphreys 176;' 2 Bennett Eire Ins. Cases, 427. (2) The evidence is undisputed that the house was vacant and unoccupied for over two- months after the policy was issued and before the fire. That terminated the…
1Opinion of the Court
BARCLAY, L.
This is an action upon a fire policy issued by the defendant, a “town mutual” company, to J. S. Hoover, dated October 19, 1897, insuring him against loss by fire to an amount not exceeding $600, on “his two-story frame building with shingle roof,” etc., “occupied as a private dwelling,” situated on the west half of block 5 in Thomasville, Missouri.
Plaintiffs are the heirs at law of the insured. He died shortly before the fire which took place May 22, 1899.
The pleadings need not be set forth particularly.
The most important phase of the defense is found in a stipulation of the policy…
2Cases cited9 opinions
- Imperial Fire Insurance v. Coos CountySupreme Court of the United States · 1894
- Gans v. St. Paul Fire & Marine InsuranceWisconsin Supreme Court · 1877
- Springfield Steam Laundry Co. v. Traders' InsuranceSupreme Court of Missouri · 1899
- Cooks v. Continental InsuranceSupreme Court of Missouri · 1879
- Continental Insrance Co. of New York City v. KyleIndiana Supreme Court · 1890
4 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Mathews v. Modern Woodmen of AmericaSupreme Court of Missouri · 1911
- Pennsylvania Fire Ins. Co. v. MaloneSupreme Court of Alabama · 1928
- Drummond v. Hartford Fire Insurance CompanyMissouri Court of Appeals · 1960
- Walton v. Phoenix InsuranceMissouri Court of Appeals · 1911
- Patterson v. American InsuranceMissouri Court of Appeals · 1912
10 more not listed; retrieve them via the Exa API.