Manning v. Connecticut Fire Insurance
Missouri Court of Appeals
Appeal from Jefferson Circuit Court.—Hon. E. M. Bearing, Judge. (1) The court erred in overruling the demurrers to the evidence. It is admitted that the policy was avoided by the mortgage and no facts are proven which show a waiver. Oehler v. Ins. Co., 159 Mo. App. 708; Francis v. Lodge, 150 Mo. App. 347. (2) An agent for writing insurance has no authority to adjust dr in any way to represent the company after a loss. Hauser v. Ins. Co., 66 Mo.
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Appeal from Jefferson Circuit Court.—Hon. E. M. Bearing, Judge. (1) The court erred in overruling the demurrers to the evidence. It is admitted that the policy was avoided by the mortgage and no facts are proven which show a waiver. Oehler v. Ins. Co., 159 Mo. App. 708; Francis v. Lodge, 150 Mo. App. 347. (2) An agent for writing insurance has no authority to adjust dr in any way to represent the company after a loss. Hauser v. Ins. Co., 66 Mo. App. 30. An agent authorized to collect premiums, in advance, cannot by collection., after a forfeiture, waive the forfeiture. Bouton v. Ins. Co., 25…
1Opinion of the CourtNortoni, J.
This is a suit on a policy of fire insurance. Plaintiff recovered and defendant prosecutes the appeal.
*683On January 5, 1906, defendant issued to plaintiff the policy in suit, in the amount of $3000, covering on a frame dwelling house situate in the village of Bréwer in Perry county. A few days thereafter, on January 15, 1906, the building was totally destroyed by fire, and hence this suit on the policy. The policy contains a provision to the effect' that, “If the interest of the assured be or become other than the entire unconditional, unincumbered and sole ownership of the property, . . . this…
2Cases cited20 opinions
- Phoenix Life Ins. Co. v. RaddinSupreme Court of the United States · 1887
- Thompson v. Traders' InsuranceSupreme Court of Missouri · 1902
- Springfield Steam Laundry Co. v. Traders' InsuranceSupreme Court of Missouri · 1899
- Andrus v. Fidelity Mutual Life InsuranceSupreme Court of Missouri · 1902
- Nickell v. Phoenix InsuranceSupreme Court of Missouri · 1898
15 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- State Ex Rel. Continental Life Insurance v. AllenSupreme Court of Missouri · 1924
- Schuler v. Metropolitan Life InsuranceMissouri Court of Appeals · 1915
- Lehmann v. Hartford Fire InsuranceMissouri Court of Appeals · 1914
- Baker v. Union Assurance Society of London, Ltd.Montana Supreme Court · 1928
- Ward v. Concordia Fire InsuranceMissouri Court of Appeals · 1922
5 more not listed; retrieve them via the Exa API.