Legal Opinion

Hatfield v. Barton Mutual Insurance Co.

Missouri Court of Appeals

Decided September 17, 2012No. Nos. SD 31175, SD 31176Published

1Opinion of the CourtDaniel E. Scott, P.J.

The trial court entered summary judgment for plaintiff1 on a fire insurance claim, finding defendant’s cancellation notice “ambiguous in that it failed to specify which of the plaintiffs multiple properties, insured with defendant, was intended by defendant to be cancelled.” That notice specified, by policy number, a single policy covering only the house that burned and no others.

No one has cited any case suggesting that such notice is ambiguous. On de novo review, we find no ambiguity. We reverse the summary judgment and remand the case, for further proceedings.

Background

We focus on facts…

2Cases cited5 opinions

  1. ITT Commercial Finance Corp. v. Mid-America Marine Supply Corp.Supreme Court of Missouri · 1993
  2. Lehr v. CollierMissouri Court of Appeals · 1995
  3. Schupbach v. SchupbachMissouri Court of Appeals · 1988
  4. Stone v. Farm Bureau Town & Country Insurance Co. of MissouriMissouri Court of Appeals · 2006
  5. Specialty Restaurants Corp. v. GaeblerMissouri Court of Appeals · 1997

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