Crossan v. Pennsylvania Fire Insurance
Missouri Court of Appeals
Appeal from Nodaway Circuit Court. — Hon. William C. Ellison, Judge. (1) The policy in suit separately valued and separately insured the property covered by the three respective items, and they are, in fact, three distinct and independent contracts; neither bound by the terms of, or valuations in the other, hence plaintiff’s instruction requiring the jury to consider and value the three items as one, and apply depreciation, etc., if any, to the aggregate value of the three,…
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Appeal from Nodaway Circuit Court. — Hon. William C. Ellison, Judge. (1) The policy in suit separately valued and separately insured the property covered by the three respective items, and they are, in fact, three distinct and independent contracts; neither bound by the terms of, or valuations in the other, hence plaintiff’s instruction requiring the jury to consider and value the three items as one, and apply depreciation, etc., if any, to the aggregate value of the three, was erroneous. Each should have been dealt with separately. Koontz v. Hannibal S. & S. Co., 42 Mo. 126; Trabue v.…
1Opinion of the CourtEllison, J.
This is an action on a fire insurance policy in which plaintiff recovered judgment in the trial court for $500, the full amount of the policy.
The policy insured the plaintiff against loss on personal property, for a gross premium, in the gross sum of $500. That sum was the total made up by the separate insurance of three classes of property in the same building, with the amount of insurance stated on each class. Two hundred dollars was on stock of general merchandise; two hundred and twenty-five dollars was on furniture and fixtures in- the store; and seventy-five *539dollars was on household and…
2Cases cited7 opinions
- Merrill v. . Agricultural Ins. Co.New York Court of Appeals · 1878
- Daggs v. Orient InsuranceSupreme Court of Missouri · 1896
- Trabue v. Dwelling House InsuranceSupreme Court of Missouri · 1894
- Stevens v. Norwich Union Fire InsuranceMissouri Court of Appeals · 1906
- Gibson v. Missouri Town Mutual Ins.Missouri Court of Appeals · 1900
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Duckworth v. United States Fidelity & Guaranty Co.Missouri Court of Appeals · 1970
- Lafont v. Home InsuranceMissouri Court of Appeals · 1916
- Farber v. American Automobile InsuranceMissouri Court of Appeals · 1915
- Hesselberg v. Aetna Life Ins. Co.Court of Appeals for the Eighth Circuit · 1939
- Fager v. Commercial Union Assurance Co.Missouri Court of Appeals · 1915
5 more not listed; retrieve them via the Exa API.