Legal Opinion

State ex rel. Waterworth v. Clark

Supreme Court of Missouri

Decided June 28, 1918PublishedCited by 10 opinions

Mandamus. (1) Sec. 7023, R. S. 1909, is-in direct conflict with and was repealed by the “Rating Act.” Laws 1915, pp. 313-320; State ex rel. v: Public Service Commission, 259 Mo. 704; State ex rel. v. Public Service Commission, 270 Mo. 547; Fidelity Trust Company v. Revelle, 181 S. W. 53. (2) Particularly was that part of said section repealed which prohibits the use of the “Reduced Rate Contribution” or “Coinsurance” clause in cities and towns having a population of less…

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Mandamus. (1) Sec. 7023, R. S. 1909, is-in direct conflict with and was repealed by the “Rating Act.” Laws 1915, pp. 313-320; State ex rel. v: Public Service Commission, 259 Mo. 704; State ex rel. v. Public Service Commission, 270 Mo. 547; Fidelity Trust Company v. Revelle, 181 S. W. 53. (2) Particularly was that part of said section repealed which prohibits the use of the “Reduced Rate Contribution” or “Coinsurance” clause in cities and towns having a population of less than one hundred thousand inhabitants. Sec. 7, Laws 1915, p. 316; Sec. 9, Laws 1915, p. 316; Sec. 10, Laws 1915, p. 317;…

1Opinion of the CourtFaris, J.

This is an original proceeding by mandamus whereby it is sought to compel respondent, as the Acting Superintendent of Insurance, to file, approve and permit the use on all standard policies of insurance of what is called the “Reduced Rate Contribution Clause.”

The petitioners are the managers of what they denominate the “Missouri Inspection Bureau,” an unincorporated entity, established and maintained under the provisions, it is alleged, of an act entitled “An Act to regulate insurance against loss' or damage by fire, lightning, hail, windstorm and sprinkler leakage, and the rates of premium…

2Cases cited17 opinions

  1. Eberle v. MichiganSupreme Court of the United States · 1914
  2. State ex rel. Title Guaranty & Trust Co. v. BroaddusSupreme Court of Missouri · 1908
  3. State ex rel. Cave v. TincherSupreme Court of Missouri · 1914
  4. McGrath v. St. Louis, Kansas City & Colorado RailroadSupreme Court of Missouri · 1895
  5. State ex inf. Crow v. Continental Tobacco Co.Supreme Court of Missouri · 1903

12 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Shaw v. FoxCourt of Appeals of Kentucky (pre-1976) · 1932
  2. State Ex Rel. Zoological Board of Control v. City of St. LouisSupreme Court of Missouri · 1928
  3. State Ex Rel. Daily Record Co. v. HartmannSupreme Court of Missouri · 1923
  4. State ex rel. Sho-Me Power Corp. v. HawkinsMissouri Court of Appeals · 1960
  5. Summers v. Atchison, T. & S. F. Ry. Co.District Court, E.D. Missouri · 1924

5 more not listed; retrieve them via the Exa API.

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