Bushnell v. Farmers Mutual Insurance
Missouri Court of Appeals
Appeal from Livingston Circuit Court. — How. J. W. Alexander, Judge. (1) A warranty in a contract of insurance must, if affirmative, be strictly and exactly true, and if promissory must be literally fulfilled; tbe validity of tbe entire contract depends tbereon, otherwise it becomes void. 3 Joyce on Insurance sec. 1970; Digby v. Ins. Go., 3 Mo. App. 603; Crook v. Ins. Co., 38 Mo. App. 582; Maddox v. Ins. Co., 56 Mo.
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Appeal from Livingston Circuit Court. — How. J. W. Alexander, Judge. (1) A warranty in a contract of insurance must, if affirmative, be strictly and exactly true, and if promissory must be literally fulfilled; tbe validity of tbe entire contract depends tbereon, otherwise it becomes void. 3 Joyce on Insurance sec. 1970; Digby v. Ins. Go., 3 Mo. App. 603; Crook v. Ins. Co., 38 Mo. App. 582; Maddox v. Ins. Co., 56 Mo. App. 343. (2) We claim that under tbe evidence in this case tbe plaintiff was barred from a recovery for tbe reason that tbe contract was nullified by reason of tbe falsity of tbe…
1Opinion of the CourtEllison, J.
— The defendant is a local farmers’ insurance company in Livingston county which insured farm property. It insured the plaintiff’s property for a term of five, years and issued to him the policy in suit. Plaintiff prevailed in the trial court. The policy expressly makes the constitution and by-laws of the company a part of the policy itself, but does not include the application; though that omission is of no consequence as we view the case.
One of the principal points of defense is that at the time of the application and when the policy was issued there were one or more incumbrances on the…
2Cases cited8 opinions
- Insurance Co. v. WilkinsonSupreme Court of the United States · 1872
- Combs v. Hannibal Savings & InsuranceSupreme Court of Missouri · 1869
- Thomas v. Hartford Fire InsuranceMissouri Court of Appeals · 1886
- Shotliff v. Modern Woodmen of AmericaMissouri Court of Appeals · 1903
- Barnard v. National Fire InsuranceMissouri Court of Appeals · 1887
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Modern Woodmen of America v. AngleMissouri Court of Appeals · 1907
- Standard Leather Co. v. Mercantile Town Mutual InsuranceMissouri Court of Appeals · 1908
- Jones v. Commonwealth Mut. Fire Ins.District Court, E.D. Pennsylvania · 1950
- Hollenbeck & Co. v. Mercantile Town Mutual Fire InsuranceMissouri Court of Appeals · 1908
- Coleman v. Caldwell County Mutual Fire InsuranceMissouri Court of Appeals · 1907
1 more not listed; retrieve them via the Exa API.