Coffman v. Niagara Fire Insurance
Missouri Court of Appeals
Appeal from the Clay Circuit Court. — Hon. Elbridge J. Broaddus, Judge. (1) Defendant’s demurrer to the evidence ought to have been sustained for the reason that there is no evidence whatever tending to show that the provisions of the policy requiring immediate notice in writing of the loss was given to defendant by assured or any one for him. La Force v. Ins. Go., 43 Mo. App. 518; Fdivards v. Ins. Co., 75 Pa. St. 378; Whitehurst v. Ins.
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Appeal from the Clay Circuit Court. — Hon. Elbridge J. Broaddus, Judge. (1) Defendant’s demurrer to the evidence ought to have been sustained for the reason that there is no evidence whatever tending to show that the provisions of the policy requiring immediate notice in writing of the loss was given to defendant by assured or any one for him. La Force v. Ins. Go., 43 Mo. App. 518; Fdivards v. Ins. Co., 75 Pa. St. 378; Whitehurst v. Ins. Co., 7 Jones Law (N. 0.), 433: Brown v. Assurance Corp., 40 Hun, 101; Assurance Co. v. Bwrwell, 44 Ind. 460; Trash v. Ins. Co., 29 Pa. St. 198. (2) The…
1Opinion of the CourtEllison, J.
— This action is based on a policy of insurance covering property afterwards totally destroyed by fire. The plaintiff’s case depends (as appears from the record) not so much on a compliance *650with the terms of the policy on his part, as on a waiver of these terms and conditions by defendant.
We are of the opinion that sufficient appears to-show a waiver of immediate written notice of loss as required by the policy; since verbal notice was given to the local agent who communicated it to the defendant company which seems, from other evidence in the cause, to have acted upon such notice without…
2Cases cited1 opinion
- Sheehan v. Southern InsuranceMissouri Court of Appeals · 1893
3Cited by3 opinions
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- Linn v. New York Life InsuranceMissouri Court of Appeals · 1899
- Fidelity & Casualty Co. v. BrownCourt Of Appeals Of Indian Territory · 1902