Erwin v. Springfield Fire & Marine Insurance
Missouri Court of Appeals
Appeal from Saline Circuit Court, Hoe. John P. ■'Strother, Judge. The case is stated in the opinion. I. The court erred in admitting in evidence the paper called “a proof of loss,” because said paper does not comply with any of the requirements of the policy sued on. And, as is shown by the pleadings, it was abandoned by the plaintiff.
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Appeal from Saline Circuit Court, Hoe. John P. ■'Strother, Judge. The case is stated in the opinion. I. The court erred in admitting in evidence the paper called “a proof of loss,” because said paper does not comply with any of the requirements of the policy sued on. And, as is shown by the pleadings, it was abandoned by the plaintiff. It does not contain a particular account of the loss sustained, or of the property destroyed, such as is required by the terms of the policy, and is, therefore, insufficient. Welcome v. Ins. Co., 2 Gray (Mass.) 480 ; Beatty v. Ins. Oo., 66 Pa. St. 9. It also…
1Opinion of the CourtEllison, J.
This is an action on a policy of insurance covering a stock of millinery goods and some fixtures necessary to said stock. The plaintiff prevailed below and defendant appeals. -
The policy contained, among other conditions, the following: .
“ Persons sustaining loss or damage by fire shall forthwith give notice of said loss, in writing, to the company, and, as soon thereafter as possible, render a particular account of such loss, signed and sworn to by them, stating whether any and what other insurance has been made on the same property, giving copies of the written portion of all policies…
2Cases cited2 opinions
- Phillips v. Protection InsuranceSupreme Court of Missouri · 1851
- Palmer v. St. Paul Fire & Marine InsuranceWisconsin Supreme Court · 1878
3Cited by15 opinions
- McCullough v. Phœnix InsuranceSupreme Court of Missouri · 1893
- Rieger v. London Guarantee & Accident Co.Missouri Court of Appeals · 1919
- St. Paul Fire Marine Ins. Co. v. MittendorfSupreme Court of Oklahoma · 1909
- Fink v. Lancashire InsuranceMissouri Court of Appeals · 1895
- Bolan v. Fire Ass'nMissouri Court of Appeals · 1894
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