Mears Mining Co. v. Maryland Casualty Co.
Missouri Court of Appeals
Appeal from Newton Circuit Court. — Eon. Carr McNatt, Judge. (1) Plaintiff cannot recover because it violated certain policy conditions. Ins. Co. v.. Myers, 62 Oh. St. 529, 57 N. E. 458'; Brown v. Railway Assoc., 45' Mo. 221; Dick v. Ins. Co., 10 Mo. App. 376, 81 Mo. 103; Carr y. Ins. Co., 100 Mo. App. 602; Hoover v. Ins. Co., 93 Mo.
Read the full summary
Appeal from Newton Circuit Court. — Eon. Carr McNatt, Judge. (1) Plaintiff cannot recover because it violated certain policy conditions. Ins. Co. v.. Myers, 62 Oh. St. 529, 57 N. E. 458'; Brown v. Railway Assoc., 45' Mo. 221; Dick v. Ins. Co., 10 Mo. App. 376, 81 Mo. 103; Carr y. Ins. Co., 100 Mo. App. 602; Hoover v. Ins. Co., 93 Mo. App. 111. (2) Under defendant’s letter of June 18, 1910, to plaintiff, plaintiff became the agent of defendant, to compromise the Overby judgment and could not act in its own interest but owed defendant the duty of acting strictly in its interest, and defendant…
1Opinion of the CourtCray, J.
This action is predicated upon an employer’s liability policy, issued by the appellant to respondent, July 2, 1907, by the terms of which the former agreed for a valuable consideration, to indemnify the respondent for a period of twelve months, against loss from liability that might be imposed by law upon respondent not exceeding $5000 on account of death or bodily injuries suffered by any one employed by the respondent. At the time the policy was issued, the respondent was engaged in mining in Newton county, and on the 30th day of July of that year, one Frank Overby, an employee of…
2Cases cited9 opinions
- City of St. Louis v. LaughlinSupreme Court of Missouri · 1872
- State v. SmithSupreme Court of Missouri · 1911
- National Bank of Commerce v. RipleySupreme Court of Missouri · 1901
- Strottman v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1908
- Breeden v. Frankford Marine, Accident & Plate Glass InsuranceSupreme Court of Missouri · 1909
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Finkle v. Western Automobile InsuranceMissouri Court of Appeals · 1930
- Kansas City Southern Ry. Co. v. WallaceSupreme Court of Oklahoma · 1913
- Patterson v. Springfield Traction Co.Missouri Court of Appeals · 1914
- Brewer v. Maryland Cas. Co.Court of Appeals of Texas · 1952
- Mangelsdorf v. Pennsylvania Fire InsuranceMissouri Court of Appeals · 1930
3 more not listed; retrieve them via the Exa API.