Carthage Stone Co. v. Traveler's Insurance
Missouri Court of Appeals
Appeal from Jasper County Circuit Court, Division No. Two. — Hon. D. E. Blair, Judge. (1) ' Plaintiff is not entitled to recover because notice of the injury was not given defendant as provided by the policy. Anderson v. Frankfort Accident & Plate Glass Ins. Co., 9 Cal. App. 473, 99 Pac. 537; London Guarantee & Accident Co. v. Siwy, 35 Ind. App. 340, 66 N. E. 481; Australian Accident Ins.
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Appeal from Jasper County Circuit Court, Division No. Two. — Hon. D. E. Blair, Judge. (1) ' Plaintiff is not entitled to recover because notice of the injury was not given defendant as provided by the policy. Anderson v. Frankfort Accident & Plate Glass Ins. Co., 9 Cal. App. 473, 99 Pac. 537; London Guarantee & Accident Co. v. Siwy, 35 Ind. App. 340, 66 N. E. 481; Australian Accident Ins. Co., 19 Victoria (Australia) 139; Underwood Veneer Co. v. London Guarantee, etc., Co., 100 Wis. 378, 75 N. W. 996; Nat’l. Paper Box Co. v. Aetna Ins. Co., 170 Mo. App. 370; Cooley’s Briefs on Insurance,…
1Opinion of the CourtSturgis, J.
— This suit is on a policy of indemnity insurance against damages arising from personal injuries.- Because the plaintiff and defendant could not agree as to which of them should pay $150 in settlement of a personal injury case for $4000, this court must determine which of them shall bear the burden of paying $3000, with interest and costs for the same claim.
So far as necessary to a decision of this case, the facts are these: The policy in question provides that the defendant shall indemnify the plaintiff against loss by reason of liability imposed upon it by law for damages on account of…
2Cases cited4 opinions
- St. Louis Dressed Beef & Provision Co. v. Maryland Casualty Co.Supreme Court of the United States · 1906
- Butler Bros. v. American Fidelity Co.Supreme Court of Minnesota · 1913
- National Paper Box Co. v. Aetna Life InsuranceMissouri Court of Appeals · 1913
- Perry v. Carthage Stone Co.Missouri Court of Appeals · 1913
3Cited by10 opinions
- Arenson v. National Automobile & Casualty InsuranceCalifornia Supreme Court · 1957
- Finkle v. Western Automobile InsuranceMissouri Court of Appeals · 1930
- Boling v. New Amsterdam Casualty Co.Supreme Court of Oklahoma · 1935
- Western Casualty and Surety Company v. Mark L. HermanCourt of Appeals for the Eighth Circuit · 1968
- Commercial Casualty Ins. v. Fruin-Colnon Contracting Co.Court of Appeals for the Eighth Circuit · 1929
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