Stavinow v. Home Insurance
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. J.- H. Slovek, Judge. (1) The evidence of plaintiff as to conversation with defendant’s agent at time policy was applied for was not admissible to show waiver of the condition in the policy requiring consent to other insurance to be indorsed on the policy. No such issue was raised by plaintiff’s reply. Mueller v. Ins. Co., 45 Mo. 84; Cart-side v. Ins. Co., 8 Mo. App. 593; Judy v. Duncan, 21 Mo.
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Appeal from the Jackson Circuit Court. — Hon. J.- H. Slovek, Judge. (1) The evidence of plaintiff as to conversation with defendant’s agent at time policy was applied for was not admissible to show waiver of the condition in the policy requiring consent to other insurance to be indorsed on the policy. No such issue was raised by plaintiff’s reply. Mueller v. Ins. Co., 45 Mo. 84; Cart-side v. Ins. Co., 8 Mo. App. 593; Judy v. Duncan, 21 Mo. App. 548; Bank v. Hatch, 78 Mo. 13 ; Nichols v. Larkin, 79 Mo. 264-272; Lanitz v. King, 93 Mo. 513-518; Lis. Co. v. Herdeck, 46 N. W. Rep. 481. The…
1Opinion of the CourtEllison, J.
This action is on an insurance policy. Defendant lost in the trial court, and appeals. The policy provides that any additional insurance shall be indorsed in writing on the policy, otherwise the policy *517would be void. Plaintiff admits other insurance, and relies upon a' waiver of the condition of the policy. Defendant contends that the pleadings are not such as to admit evidence of waiver. The petition makes no reference to other insurance. The answer contains the following allegation: “Defendant avers that at the time said policy was executed and delivered to plaintiff, the said plaintiff…
2Cases cited4 opinions
- Garth v. CaldwellSupreme Court of Missouri · 1880
- Stivers v. HorneSupreme Court of Missouri · 1876
- Barnard v. National Fire InsuranceMissouri Court of Appeals · 1889
- Wernwag v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1886
3Cited by13 opinions
- Anderson v. Union Terminal RailroadSupreme Court of Missouri · 1901
- Eagle Fire Co. v. LewallenSupreme Court of Florida · 1908
- Elliot v. ThomasMissouri Court of Appeals · 1912
- Finer v. NicholsMissouri Court of Appeals · 1913
- Paetz v. London Guarantee & Accident Co.Missouri Court of Appeals · 1934
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