Kellogg v. German-American Insurance
Missouri Court of Appeals
Appeal from Buchanau Circuit Court. — Hon. W. D. Bush, Judge. (1) The property insured was not a drugstore. Defendant’s policies were issued to insure a drugstore and such goods as are usually kept for sale in a drugstore. They do not purport, and were not intended to insure any other class of property and the fact plaintiff conducted a saloon and saloon business in the place created a new risk and condition not insured against. RossLangford y. Insurance Co., 97 Mo.
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Appeal from Buchanau Circuit Court. — Hon. W. D. Bush, Judge. (1) The property insured was not a drugstore. Defendant’s policies were issued to insure a drugstore and such goods as are usually kept for sale in a drugstore. They do not purport, and were not intended to insure any other class of property and the fact plaintiff conducted a saloon and saloon business in the place created a new risk and condition not insured against. RossLangford y. Insurance Co., 97 Mo. App. 79; Mensing y. Insurance Co., 36 Mo. App. 602; Gannet y. Albree, 103 Mass. 372; Kyte y. Insurance Co., 148 Mass. 116, 21 N.…
1Opinion of the CourtJohnson, J.
Action on two policies of fire insurance which covered merchandise and fixtures in a drugstore owned and operated by plaintiff in the town of Athelstan, Worth county. The policies were duly issued, plaintiff paid the premiums demanded and the property was destroyed by fire during the period of insurance, but defendant refused to acknowledge liability and endeavors to justify its position on ground thus pleaded in the answer:
“At the time said policy was issued said plaintiff made application to defendant in writing for the policy sued on, in which said application plaintiff represented and…
2Cases cited6 opinions
- Armstrong v. TolerSupreme Court of the United States · 1826
- Ocean Insurance v. PolleysSupreme Court of the United States · 1839
- Niagara Fire Insurance v. DeGraffMichigan Supreme Court · 1863
- Kelly v. Home InsuranceMassachusetts Supreme Judicial Court · 1867
- Insurance Co. of North America v. EvansSupreme Court of Kansas · 1902
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Rogers v. Connecticut Fire InsuranceMissouri Court of Appeals · 1911
- State Ex Rel. Travelers Indemnity Co. v. DauesSupreme Court of Missouri · 1926
- Todd v. Ins. Co. of New HavenMissouri Court of Appeals · 1920
- Johnston v. Fidelity & Deposit Co.Missouri Court of Appeals · 1925
- Utz v. Insurance Co. of North AmericaMissouri Court of Appeals · 1909