Moseley v. Northwestern National Insurance
Missouri Court of Appeals
Appeal from Pike Circuit Court. — Hon. David H. Eby, Judge. (1) The interest of the insured in the property is a matter of first importance to the insurer. “If small interests can be covered by large insurance, it is easy to see the evil consequences which would result.” Harness v. Ins. Co., 62 Mo. App. 248. Interest and title are not synonymous. Gibb v. Ins.
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Appeal from Pike Circuit Court. — Hon. David H. Eby, Judge. (1) The interest of the insured in the property is a matter of first importance to the insurer. “If small interests can be covered by large insurance, it is easy to see the evil consequences which would result.” Harness v. Ins. Co., 62 Mo. App. 248. Interest and title are not synonymous. Gibb v. Ins. Co., 61 N. W. 137. (2) Any change of whatsoever character that lessens the monetary interest of the assured in the property produces a change in interest within the meaning of the fire policy sued on. (3) The purchaser of real estate…
1Opinion of the CourtGoode, J.
Action on a contract by which the-, appellant company insured the respondent against loss by fire on a dwelling house. The insurance ran for three years from July 30, 1903, and the house burned. August 27th of that year. The defense rests on this-term of the contract: “This entire policy, unless otherwise provided by agreement indorsed hereon or added hereto, shall be void if any changes other than by the-death of the insured take place in the interest, title or possession of the subject of the insurance, whether by process or judgment, or by voluntary act of the insured, or otherwise.”
The…
2Cases cited10 opinions
- Ayres v. Hartford Fire InsuranceSupreme Court of Iowa · 1864
- Hough v. City Fire InsuranceSupreme Court of Connecticut · 1860
- Walker v. OwenSupreme Court of Missouri · 1883
- Kelly v. ThueySupreme Court of Missouri · 1898
- Loventhal v. Home InsuranceSupreme Court of Alabama · 1895
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3Cited by6 opinions
- Manning v. North British & Mercantile InsuranceMissouri Court of Appeals · 1907
- Sursa v. CashMissouri Court of Appeals · 1913
- Hubbard and Perry v. Home Ins. Co. of N.Y.Missouri Court of Appeals · 1920
- Osler v. Atlas Assur. Co.Mississippi Supreme Court · 1921
- Wilmurth v. National Liberty Insurance Co. of AmericaMissouri Court of Appeals · 1947
1 more not listed; retrieve them via the Exa API.