Legal Opinion

National Paper Box Co. v. Aetna Life Insurance

Missouri Court of Appeals

Decided May 5, 1913PublishedCited by 33 opinions

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..

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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

  1. McFarland v. United States Mutual Accident Ass'nSupreme Court of Missouri · 1894
  2. Woolverton v. . Fidelity Casualty Co.New York Court of Appeals · 1907
  3. Smith & Dove Manufacturing Co. v. Travelers' InsuranceMassachusetts Supreme Judicial Court · 1898
  4. Underwood Veneer Co. v. London Guarantee & Accident Co.Wisconsin Supreme Court · 1898
  5. 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

  1. Young v. Travelers Ins. Co.Court of Appeals for the Fifth Circuit · 1941
  2. Phoenix Cotton Oil Co. v. Royal Indemnity Co.Tennessee Supreme Court · 1918
  3. Western Casualty & Surety Co. v. ColemanCourt of Appeals for the Eighth Circuit · 1950
  4. Chapin v. Ocean Accident & Guarantee Corp.Nebraska Supreme Court · 1914
  5. Soukup v. Employers' Liability Assurance Corp.Supreme Court of Missouri · 1937

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