Brinkman v. Western Automobile Indemnity Ass'n
Missouri Court of Appeals
Appeal from Circuit Court of Greene County. — Hon. Orín Patterson, Judge. (1) The certificate of insurance sued on is a contract of indemnity against loss from liability and there is no oblication on the part of the defendant to pay the plaintiff until the plaintiff has paid the amount of a final judgment in cash, after a trial of the issues on the merits, as the contract of insurance requires. Conquer- or Zinc Co. v. Insurance Co., 152 Mo.
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Appeal from Circuit Court of Greene County. — Hon. Orín Patterson, Judge. (1) The certificate of insurance sued on is a contract of indemnity against loss from liability and there is no oblication on the part of the defendant to pay the plaintiff until the plaintiff has paid the amount of a final judgment in cash, after a trial of the issues on the merits, as the contract of insurance requires. Conquer- or Zinc Co. v. Insurance Co., 152 Mo. App. 332, 338; American Insurance Co. v. Fordyce, 54 Am. St. Rep. 305, 306; Carter v. Insurance Co.,. 11 L. R. A. (C. N.) S. 1155,1156. (2) The conditions…
1Opinion of the CourtBradley, J.
This is a suit on an indemnity policy for loss resulting from liability. On November 14, 1916, and while the policy was in full force plaintiff while driving his automobile on the public square in the city of .Springfield ran down one Eva Kline. He reported the fact of his misfortune to defendant in due time. Later the injured party brought suit against plaintiff for damages, and plaintiff forwarded the copy of summons and petition served upon him to defendant. Defendant denied liability under the policy and declined to defend the suit brought against plaintiff on the ground that plaintiff…
Also in this document: Concurrence.
2Cases cited10 opinions
- St. Louis Dressed Beef & Provision Co. v. Maryland Casualty Co.Supreme Court of the United States · 1906
- Butler Bros. v. American Fidelity Co.Supreme Court of Minnesota · 1913
- Conner v. . ReevesNew York Court of Appeals · 1886
- Strong v. Phœnix InsuranceSupreme Court of Missouri · 1876
- Kansas City, Memphis & Birmingham Railroad v. Southern Railway News Co.Supreme Court of Missouri · 1899
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3Cited by5 opinions
- Griggs v. BertramSupreme Court of New Jersey · 1982
- Listerman v. Day and Night Plumbing & Heating Serv.Missouri Court of Appeals · 1964
- Chicago Insurance Company v. Archdiocese of St. LouisCourt of Appeals for the Eighth Circuit · 2014
- Southwestern Brewing Corp. v. United States Fidelity & Guaranty Co.Court of Appeals for the Tenth Circuit · 1940
- Griggs v. BertramSupreme Court of New Jersey · 1982