Legal Opinion

Miller v. American Insurance Company

Missouri Court of Appeals

Decided March 18, 1969No. 33011, 33012PublishedCited by 11 opinions

1Opinion of the Court

CLEMENS, Commissioner.

Plaintiff got a $5,000 verdict and judgment for rain water damage to her home that occurred when workmen left the roof uncovered during repairs. The appealing defendants are the building contractor, Earl W. Lauer, and his subcontractors, Roger F. and James R. Malone. (Plaintiff also sued her insurer but lost that claim by jury verdict; she took no action against that verdict, and it stands.)

The determinative issue: Is plaintiff entitled to recover for all water damage to her home when only part of that damage was caused by the defendants’ failure to substantially perform…

Also in this document: Per curiam.

2Cases cited9 opinions

  1. Warner v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1903
  2. Rogers v. ThompsonSupreme Court of Missouri · 1954
  3. Hotchner v. LiebowitsMissouri Court of Appeals · 1960
  4. Kahn v. PrahlSupreme Court of Missouri · 1967
  5. State Ex Rel. Cummins Missouri Diesel Sales Corp. v. EversoleMissouri Court of Appeals · 1960

4 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Liberty Financial Management Corp. v. Beneficial Data Processing Corp.Missouri Court of Appeals · 1984
  2. Vest v. City National Bank and Trust CompanySupreme Court of Missouri · 1971
  3. Kelso v. C. B. K. Agronomics, Inc.Missouri Court of Appeals · 1974
  4. Clark v. McCloskeyMissouri Court of Appeals · 1975
  5. Goodwin v. S. J. Groves & Sons Co.Missouri Court of Appeals · 1975

6 more not listed; retrieve them via the Exa API.

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