Legal Opinion

Commercial Union Insurance Co. of New York v. Farmers Mutual Fire Insurance Co. of St. Louis County

Missouri Court of Appeals

Decided July 28, 1970No. 33677PublishedCited by 21 opinions

1Opinion of the Court

WEIER, Commissioner.

May one insurer, who paid a larger proportion of its coverage on a fire policy with a pro rata clause than it would have had to, recover by contribution from another insurer who also had a fire policy with a pro rata clause covering the same risk and the same insured, and who had no knowledge of the loss or payment until just before the demand for contribution? This is the issue presented by a unique set of facts which in the lower court produced a judgment against contribution, and which we now affirm.

Defendant, The Farmers Mutual Fire Insurance Company of St. Louis…

Also in this document: Per curiam.

2Cases cited10 opinions

  1. White v. SmithMissouri Court of Appeals · 1969
  2. Hanover Fire Insurance v. Alexander Brown & SonsCourt of Appeals of Maryland · 1893
  3. Missouri District Telegraph Co. v. Southwestern Bell Telephone Co.Supreme Court of Missouri · 1936
  4. Farm Bureau Mutual Automobile Ins. v. Buckeye Union Casualty Co.Ohio Supreme Court · 1946
  5. MFA Mutual Insurance Co. v. Southwest Baptist College, Inc.Supreme Court of Missouri · 1964

5 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Hammons v. EhneySupreme Court of Missouri · 1996
  2. Royal Globe Insurance v. Aetna InsuranceAppellate Court of Illinois · 1980
  3. Republic Underwriters Insurance Co. v. Fire Insurance ExchangeSupreme Court of Oklahoma · 1982
  4. Ricketts v. Kansas City Stock Yards of MaineMissouri Court of Appeals · 1976
  5. Benton House, LLC. v. Cook & Younts Insurance, Inc.Missouri Court of Appeals · 2008

16 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API