Dolan v. Missouri Town Mutual Fire Insurance
Missouri Court of Appeals
Appeal from Cass Circuit Court. — Hon. W. L. Jarrott, Judge. (1) The court erred in refusing defendant’s instructions one and two. That plaintiff took insurance in the sum of $1,600, which was not mentioned in the application, and of which defendant had no notice, stands conceded. Other insurance without notice is material, and should have been so declared by the court. Wright v. Ins. Co., 73 Mo. App. 365; March v. Metropolitan Life, 28 Ins.
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Appeal from Cass Circuit Court. — Hon. W. L. Jarrott, Judge. (1) The court erred in refusing defendant’s instructions one and two. That plaintiff took insurance in the sum of $1,600, which was not mentioned in the application, and of which defendant had no notice, stands conceded. Other insurance without notice is material, and should have been so declared by the court. Wright v. Ins. Co., 73 Mo. App. 365; March v. Metropolitan Life, 28 Ins. Law Journal, p. 30 (Pennsylvania Sup. Ct., Jan. 1899) ; Brown v. Life Ass’n, 28 Ins. Law Journal, p. 321 (Supt. Ct., Mass., Apr. 1899) ; Aloe v. Reserve…
1Opinion of the Court
ELLISON, J-
This is an action on a policy of fire insurance, insuring gQods, wares and merchandise for $2,500. Plaintiff recovered a judgment in the circuit court.
1. Eor the purpose of a proper disposition of the case it will suffice to omit some detail and state the facts in a general way. Plaintiff made written application for the present insurance, in which, and in the policy afterwards issued, he warranted that he had no other insurance than that which he stated in the application. . In fact, he did have other substantial insurance. He likewise stated that he had not had losses by fire…
2Cases cited8 opinions
- Titus v. . Glens Falls Insurance CompanyNew York Court of Appeals · 1880
- Weed v. London & Lancashire Fire InsuranceNew York Court of Appeals · 1889
- Roby v. American Central InsuranceNew York Court of Appeals · 1890
- Brown v. Greenfield Life Ass'nMassachusetts Supreme Judicial Court · 1899
- Aloe v. Mutual Reserve Life Ass'nSupreme Court of Missouri · 1899
3 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Tinsley v. Ætna InsuranceMissouri Court of Appeals · 1918
- Gamel v. Continental Insurance CompanyMissouri Court of Appeals · 1971
- Smith v. American Automobile InsuranceMissouri Court of Appeals · 1915
- Malin v. Mercantile Town Mutual InsuranceMissouri Court of Appeals · 1904
- Farber v. American Automobile InsuranceMissouri Court of Appeals · 1915
17 more not listed; retrieve them via the Exa API.