Prather v. Connecticut Fire Insurance
Missouri Court of Appeals
Appeal from Nodaway Circuit Court.—Hon. Wm. G. Ellison, Judge. When the plaintiff with full knowledge of the facts, entered into an appraisal under the terms of the policy to determine the amount of her loss, thereby putting the defendant to trouble and expense, she was estopped to claim in a subsequent suit on the policy that her loss was total or to deny that her loss was partial only. TIarmon v. Stuyvesant Ins. Co., 170 Mo.
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Appeal from Nodaway Circuit Court.—Hon. Wm. G. Ellison, Judge. When the plaintiff with full knowledge of the facts, entered into an appraisal under the terms of the policy to determine the amount of her loss, thereby putting the defendant to trouble and expense, she was estopped to claim in a subsequent suit on the policy that her loss was total or to deny that her loss was partial only. TIarmon v. Stuyvesant Ins. Co., 170 Mo. App. 309. A party who, with full knowledge of the facts, enters into an appraisal to determine the amount of loss or damage to a dwelling house insured under a policy…
1Opinion of the CourtJohnson, J.
This is an action upon a policy of fire insurance for $4000 issued by defendant September 27,1911, upon a two-story frame dwelling house owned by plaintiff in Maryville. The petition alleges the house was totally destroyed by fire January 31, 1913. while the policy was in force and prays for the recovery of $4000, together with interest, statutory penalties and costs.
The answer admits the house was damaged by fire on the date alleged in the petition but denies the loss was total and pleads that an appraisal held pursuant to a provision of the policy resulted in the loss being appraised at…
2Cases cited11 opinions
- O'Keefe v. Liverpool, London & Globe InsuranceSupreme Court of Missouri · 1897
- Stevens v. Norwich Union Fire InsuranceMissouri Court of Appeals · 1906
- Barnard v. National Fire InsuranceMissouri Court of Appeals · 1889
- Murphy v. Northern British & Mercantile Co.Missouri Court of Appeals · 1895
- Carp v. Queen Insurance Co. of AmericaMissouri Court of Appeals · 1904
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3Cited by4 opinions
- Stahlberg v. Travelers Indemnity Co.Missouri Court of Appeals · 1978
- National Fire Ins. Co. v. HouseCourt of Appeals of Texas · 1917
- Ward v. Concordia Fire InsuranceMissouri Court of Appeals · 1922
- Petrovic v. Standard Fire Ins. Co. of HartfordMissouri Court of Appeals · 1943