National Paper Box Co. v. Aetna Life Insurance
Missouri Court of Appeals
Appeal from Jackson Circuit- Court. — Hon. Jos. A. Guthrie, Judge. A policy may call for immediate proof of loss. But if it does not also provide, in express terms, that failure to give same shall work a forfeiture of the insurance, no forfeiture will result from failure to furnish such proof of loss and assured may recover its loss..
Read the full summary
Appeal from Jackson Circuit- Court. — Hon. Jos. A. Guthrie, Judge. A policy may call for immediate proof of loss. But if it does not also provide, in express terms, that failure to give same shall work a forfeiture of the insurance, no forfeiture will result from failure to furnish such proof of loss and assured may recover its loss.. Courts are powerless to insert a forfeiture clause in a contract of insurance, where the parties have .omitted to do so, just as they are powerless to strike it out where the parties have inserted it. Dezell v. Fidelity & Casualty Co., 176 Mo. 253; James v.…
1Opinion of the Court
JOHNSON, J. —.Action on- a policy of Employers’ Liability Insurance. At the close of all the evidence the court gave the jury a peremptory instruction to *364find for defendant and a corresponding verdict was returned. Plaintiff then filed motions non obstante vere-dicto, for a new trial and in arrest of judgment, all of which were overruled and plaintiff appealed.
There is no material controversy over the facts 'of the case. Defendant issued a policy to plaintiff, a large manufacturer in Kansas City, by the terms of which it undertook to insure plaintiff “against loss or expense arising or…
2Cases cited8 opinions
- McFarland v. United States Mutual Accident Ass'nSupreme Court of Missouri · 1894
- Woolverton v. . Fidelity Casualty Co.New York Court of Appeals · 1907
- Smith & Dove Manufacturing Co. v. Travelers' InsuranceMassachusetts Supreme Judicial Court · 1898
- Underwood Veneer Co. v. London Guarantee & Accident Co.Wisconsin Supreme Court · 1898
- Deer Trail Consolidated Mining Co. v. Maryland Casualty Co.Washington Supreme Court · 1904
3 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Young v. Travelers Ins. Co.Court of Appeals for the Fifth Circuit · 1941
- Phoenix Cotton Oil Co. v. Royal Indemnity Co.Tennessee Supreme Court · 1918
- Western Casualty & Surety Co. v. ColemanCourt of Appeals for the Eighth Circuit · 1950
- Chapin v. Ocean Accident & Guarantee Corp.Nebraska Supreme Court · 1914
- Soukup v. Employers' Liability Assurance Corp.Supreme Court of Missouri · 1937
28 more not listed; retrieve them via the Exa API.