Ross-Langford v. Mercantile Town Mutual Insurance
Missouri Court of Appeals
Appeal from Worth Circuit Court. — Rom. Gallatin Craig, Judge. (1) The building insured was not a dwelling when insured or when destroyed. Its nse in part for a millinery store or millinery shop deprived it of that character and changed the nature of its insurance risk. Gannett v. Albree, 103 Mass.. 372; Mensing v. Ins. Co., 36 Mo.
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Appeal from Worth Circuit Court. — Rom. Gallatin Craig, Judge. (1) The building insured was not a dwelling when insured or when destroyed. Its nse in part for a millinery store or millinery shop deprived it of that character and changed the nature of its insurance risk. Gannett v. Albree, 103 Mass.. 372; Mensing v. Ins. Co., 36 Mo. App. 602. (2) Agents of town mutual insurance companies organized under the Missouri laws can not waive conditions in the company’s policies or applications for insurance otherwise than in writing. R. S. 1899, sec. 8091. (3) Missouri town mutual insurance companies…
1Opinion
OPINION ON MOTION POE REHEARING.
SMITH, P. J.
— It is insisted that while this case is like that of Mensing v. The American Ins. Co., 36 Mo. App. 602, it has been decided contrary to the way that case was decided. Are the two cases alike?
In this case, the plaintiff in her written application for the policy warranted that the building which she sought to have insured was occupied as,a dwelling, and it was upon this warranty the policy issued. The policy provided that if the insured misrepresented in writing any material fact concerning the subject, of the insurance, it would be void. There w;as…
2Cases cited7 opinions
- James v. Mutual Reserve Fund Life Ass'nSupreme Court of Missouri · 1899
- Springfield Steam Laundry Co. v. Traders' InsuranceSupreme Court of Missouri · 1899
- Rocheport Bank v. DoakMissouri Court of Appeals · 1898
- Shoup v. Dwelling-House Fire InsuranceMissouri Court of Appeals · 1892
- Mensing v. American InsuranceCourt of Appeals of Kansas · 1889
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