Lama v. Dwelling-House Ins. Co.
Missouri Court of Appeals
Appeal from, the Grundy Circuit Court. — Hon. G. D. Burgess, Judge, (1) The application having been taken by an agent of limited authority, and the assured having agreed both in the application and the policy, that the “company should not be bound in any act or statement made to or by any agent, and not contained in the application,” it was error to permit the plaintiffs to show that they signed the application in blank, and to hold that they were not bound by its terms.
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Appeal from, the Grundy Circuit Court. — Hon. G. D. Burgess, Judge, (1) The application having been taken by an agent of limited authority, and the assured having agreed both in the application and the policy, that the “company should not be bound in any act or statement made to or by any agent, and not contained in the application,” it was error to permit the plaintiffs to show that they signed the application in blank, and to hold that they were not bound by its terms. Loehner v. Ins. Co., 17 Mo. 247; May on Insurance [3 Ed.] secs. 137, 137; Mensing v. Ins. Co., 36 Mo. App. 602; Ins. Co. v.…
1Opinion of the CourtGill, J.
Plaintiff recovered a judgment below on a policy of insurance for $500, issued to him by defendant, and the case was appealed. A policy with the-same conditions and stipulations appears in this case as in Shoup v. this same defendant — decided at this-term. Here, as there, the policy stipulated that the entire policy should be void if the insured had, in writing or otherwise, misrepresented any fact or circumstance concerning the insurance or the subject thereof.. Also: “By the acceptance of this policy the insured covenants that the application heref or shall be and form a part hereof, and a…
2Cited by5 opinions
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- Cagle v. Chillicothe Town Mutual Fire InsuranceMissouri Court of Appeals · 1899
- Rickey v. German Guarantee Town Mutual Fire InsuranceMissouri Court of Appeals · 1899
- Wolf v. Dwelling House InsuranceMissouri Court of Appeals · 1898
- London Guarantee & Accident Co. v. Missouri & Illinois Coal Co.Missouri Court of Appeals · 1903