Dautel v. Pennsylvania Fire Insurance
Missouri Court of Appeals
Appeal from the Saline Circuit Court. — Hon. Richard Field, Judge. (1) Defendant’s objection to the unsigned proof was valid. Tbis point was not waived by the letter of April9, but was pressed; nor is there any denial of liability as was claimed below.
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Appeal from the Saline Circuit Court. — Hon. Richard Field, Judge. (1) Defendant’s objection to the unsigned proof was valid. Tbis point was not waived by the letter of April9, but was pressed; nor is there any denial of liability as was claimed below. (2) Pending full compliance with policy requirements as to proofs and appraisal, the insurer could only treat with insured by way of compromise, because insured had no perfected demand; and it was not tantamount to a denial of liability to so state. Noonan v. Ins. Co., 21 Mo. 81. (3) If there was no denial of liability then the action was…
1Opinion of the CourtSmith, P. J.
This is an action on a policy of fire insurance, in which the plaintiff had judgment in the circuit court from which defendant has appealed.
The answer, after admitting the execution and delivery of the policy, pleaded that it was provided in said policy, that in the event of a disagreement as to the amount of any loss happening under said contract, the same shall be ascertained, estimated, and appraised *47by two competent and disinterested appraisers, the insured and the company each selecting one, the two so chosen first to select a competent and disinterested umpire to whom shall be submitted…
2Cases cited10 opinions
- Murphy v. Northern British & Mercantile Co.Missouri Court of Appeals · 1895
- Loeb v. American Central InsuranceSupreme Court of Missouri · 1889
- Erwin v. Springfield Fire & Marine InsuranceMissouri Court of Appeals · 1887
- Grigsby v. German InsuranceMissouri Court of Appeals · 1890
- Leigh v. Springfield Fire & Marine InsuranceMissouri Court of Appeals · 1889
5 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Wilson Company v. Hartford Fire Insurance Co.Supreme Court of Missouri · 1923
- Stevens v. Norwich Union Fire InsuranceMissouri Court of Appeals · 1906
- McNees v. Southern InsuranceMissouri Court of Appeals · 1897
- Vining v. Franklin Fire InsuranceMissouri Court of Appeals · 1901
- Blackwell v. American Central InsuranceMissouri Court of Appeals · 1899
7 more not listed; retrieve them via the Exa API.