Chrisman & Sawyer Banking Co. v. Hartford Fire Insurance
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. J. W. Henry, Judge. (1) In order to cancel an insurance policy, the insurer is required to do two things: First, to give a reasonable notice-of cancellation; second, to return or tender the insured his unearned pro rata premium. Van Valkenburgh v. Ins. Co., 51 N. Y. 465; Griffith v. Ins. Co.,*100N. Y. 417; Marshall v. Ins. Co., 78 Hun. 83; Lumber Co. v. Ins.
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Appeal from the Jackson Circuit Court. — Hon. J. W. Henry, Judge. (1) In order to cancel an insurance policy, the insurer is required to do two things: First, to give a reasonable notice-of cancellation; second, to return or tender the insured his unearned pro rata premium. Van Valkenburgh v. Ins. Co., 51 N. Y. 465; Griffith v. Ins. Co.,*100N. Y. 417; Marshall v. Ins. Co., 78 Hun. 83; Lumber Co. v. Ins. Co., 95 Wis. 226; 1 Wood on Fire Ins. [2 Ed.],pp. 288, 290; 1 May on Ins. ,sec. 67 J; Tisdell v. Ins. Co., 32 N. Y. S. 166 (1895), or 11 Misc. R. 20; Marshall v. Ins. Co.,78Hun. 83; Park Co.…
1Opinion of the Court
Ellison, J. —
statement. This action is based on a policy of insurance insuring the Independence Wool Manufacturing Company against loss by fire. There was a loss and the policy was thereafter assigned to plaintiff. The defense to the action is cancellation before the expiration of the term of the policy. The plaintiff asked an instruction directing a verdict for it which the court refused. Defendant prevailed.
The policy provided that the insurer might cancel the policy by giving five days’ notice to the assured. There was no return, or offer to return, the unearned premium. The evidence…
2Cases cited9 opinions
- Cahn v. ReidMissouri Court of Appeals · 1885
- John R. Davis Lumber Co. v. Hartford Fire InsuranceWisconsin Supreme Court · 1897
- White v. Connecticut Fire InsuranceMassachusetts Supreme Judicial Court · 1876
- Hollingsworth & Moraque v. Germania, Niagara, Hanover & Republic Fire Insurance CompaniesSupreme Court of Georgia · 1872
- Robinson v. SipleSupreme Court of Missouri · 1895
4 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Taylor v. Insurance Co. of North AmericaSupreme Court of Oklahoma · 1909
- MFA Mutual Insurance Co. v. Southwest Baptist College, Inc.Supreme Court of Missouri · 1964
- Waterloo Lumber Co. v. Des Moines InsuranceSupreme Court of Iowa · 1912
- Mangrum & Otter Inc. v. Law Union & Rock Insurance Co.California Supreme Court · 1916
- Blair Ex Rel. Snider v. Perry County Mutual Insurance Co.Supreme Court of Missouri · 2003
13 more not listed; retrieve them via the Exa API.