Wolf v. Dwelling House Insurance
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. J. W. Henry, Judge. The fact that the agent of defendant had been told that there was other insurance on the property did not avoid this result, for the reason that the contract sued on provides that “the company shall not be bound by any act or statement made to or by any agent, unless inserted in this contract.”
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Appeal from the Jackson Circuit Court. — Hon. J. W. Henry, Judge. The fact that the agent of defendant had been told that there was other insurance on the property did not avoid this result, for the reason that the contract sued on provides that “the company shall not be bound by any act or statement made to or by any agent, unless inserted in this contract.” This condition of the policy means just what it says, and it has always been so declared by all of the courts of this state. Loehner v. Ins. Co., 17 Mo. 247;'Greenwood v. Ins. Co., 27 Mo. App. 401; Sprague v. Ins. Co., 49 Mo. App. 423;…
1Opinion of the Court
Ellison, J. —
This action is on an insurance policy issued by defendant and involves in many respects the same points as presented in a case decided this term wherein this plaintiff is the plaintiff and the Sun Insurance Company is defendant. There is a point presented in this case which did not arise in the other and it goes to the root of the action. There was other insurance on the property which was not stated in the application or policy. The policy provided: “This entire policy, unless otherwise provided by agreement indorsed hereon or added hereto, shall be void if there is or shall be…
2Cases cited19 opinions
- New York Life Insurance v. FletcherSupreme Court of the United States · 1886
- Cleaver v. Traders' InsuranceMichigan Supreme Court · 1887
- Loehner v. Home Mutual InsuranceSupreme Court of Missouri · 1852
- Marvin v. . Universal Life Insurance Co.New York Court of Appeals · 1881
- Fitzmaurice v. Mutual Life InsuranceTexas Supreme Court · 1892
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3Cited by3 opinions
- Montgomery v. Lebanon Town Mutual Fire InsuranceMissouri Court of Appeals · 1899
- Cagle v. Chillicothe Town Mutual Fire InsuranceMissouri Court of Appeals · 1899
- Fender v. New York Life InsuranceSupreme Court of South Carolina · 1930