Burnham, Hanna, Munger & Co v. Greenwich Insurance
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. J. H. Slover, Judge. The question is whether the clause of the policy that a waiver of its provisions could only be made in writing, can not itself be waived by the company.
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Appeal from the Jackson Circuit Court. — Hon. J. H. Slover, Judge. The question is whether the clause of the policy that a waiver of its provisions could only be made in writing, can not itself be waived by the company. The authorities are almost unanimous that the company can not so tie its own hands, and notwithstanding the company says it will waive only in writing, it is an injustice, after the company has waived in a different manner, to permit the company to profit by its own wrongdoing. Barnard v. Ins. Go., 38 Mo. App. 113; Ins. Co. v. Norton, 96 U. S. 240; Cromwell v. Phenix Ins. Co.,…
1Opinion of the CourtGill, J.
— On October 1, 1891, the defendant, through its agent, issued to Poole & Grulager a policy of fire insurance for. $1,500 covering their stock of goods and building at Adair in the Indian Territory. On July 31,1892, and during the apparent life of the policy, the building and goods were totally destroyed by fire. Plaintiffs became owners of the policy by assignment from Pool & Grulager; and after due notice and proofs of loss were made, this suit was brought.
The main defense is based on an alleged violation of the following condition of the policy: “This entire policy, unless otherwise…
2Cases cited3 opinions
- Lamberton v. Connecticut Fire InsuranceSupreme Court of Minnesota · 1888
- Cromwell v. Phœnix InsuranceMissouri Court of Appeals · 1891
- Mensing v. American InsuranceCourt of Appeals of Kansas · 1889
3Cited by7 opinions
- Eagle Fire Co. v. LewallenSupreme Court of Florida · 1908
- Farmers Mutual Fire Insurance v. JackmanIndiana Court of Appeals · 1905
- McCollum v. Hartford Fire InsuranceMissouri Court of Appeals · 1896
- Murphy v. New York Bowery Fire InsuranceMissouri Court of Appeals · 1895
- Springfield Steam Laundry Co. v. Traders InsuranceMissouri Court of Appeals · 1896
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