O'Keefe v. Liverpool, London & Globe Insurance
Supreme Court of Missouri
Appeal from Jackson Circuit Court. (1) The evidence is uneontradieted that defendant demanded of plaintiff that he furnish to defendant in accordance with the plain terms of the contract, verified plans and specifications of the property damaged, and that plaintiff refused so to do. This requirement of the contract is reasonable, valid and binding. Arnold v. Ins. Co., 55 Mo. App. 149; Fawcett v. Ins. Co., 27 Up. Can.
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Appeal from Jackson Circuit Court. (1) The evidence is uneontradieted that defendant demanded of plaintiff that he furnish to defendant in accordance with the plain terms of the contract, verified plans and specifications of the property damaged, and that plaintiff refused so to do. This requirement of the contract is reasonable, valid and binding. Arnold v. Ins. Co., 55 Mo. App. 149; Fawcett v. Ins. Co., 27 Up. Can. Q. B. 225. (2) The evidence clearly shows without contradiction that the property insured was not a total loss; -such being the case, it was at plaintiff’s option under section…
1Opinion of the CourtGantt., P. J.
This is an a,etion upon a policy of insurance issued by the defendant to the plaintiff on the fifteenth day of May, 1894, insuring plaintiff for one year against loss or damage by fire, to an amount not exceeding $3,000, to his two story and foundation brick, gravel roof building, with its additions, porches, steam, gas, and water pipes, plumbers’ work and fixtures, steam heating apparatus and connections and piping, stone and prismatic sidewalks adjoining, plate glass, skylights, and all permanent improvements therein.
The policy contained this provision: “This company shall not be liable…
2Cases cited10 opinions
- Havens v. Germania Fire InsuranceSupreme Court of Missouri · 1894
- Daggs v. Orient InsuranceSupreme Court of Missouri · 1896
- Williams v. Hartford Ins. Co.California Supreme Court · 1880
- Hamburg-Bremen Fire Insurance v. GarlingtonTexas Supreme Court · 1886
- Seyk v. Millers' National InsuranceWisconsin Supreme Court · 1889
5 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Laurenzi v. Atlas Ins.Tennessee Supreme Court · 1915
- Wells v. Missouri Property Insurance Placement FacilitySupreme Court of Missouri · 1983
- State Ex Rel. North British & Mercantile Insurance v. CoxSupreme Court of Missouri · 1925
- Stevens v. Norwich Union Fire InsuranceMissouri Court of Appeals · 1906
- Stahlberg v. Travelers Indemnity Co.Missouri Court of Appeals · 1978
20 more not listed; retrieve them via the Exa API.