Exchange Bank v. Thuringia Insurance
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Hon. J. D. Perkins, Judge. (1) The provision of the policy requiring proofs of loss, is, unless waived, a condition precedent to plaintiff’s right to recover. Leih v. Ins. Co., 37 Mo. App. 542. (2) The form furnished by appellant embraced a bank form for magistrate’s certificate. That was a sufficient requirement. Sullivan v. Ins. Co., 89 Mo. App. 106. Moreover, respondent was advised that compliance would be waived.
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Appeal from Jasper Circuit Court. — Hon. J. D. Perkins, Judge. (1) The provision of the policy requiring proofs of loss, is, unless waived, a condition precedent to plaintiff’s right to recover. Leih v. Ins. Co., 37 Mo. App. 542. (2) The form furnished by appellant embraced a bank form for magistrate’s certificate. That was a sufficient requirement. Sullivan v. Ins. Co., 89 Mo. App. 106. Moreover, respondent was advised that compliance would be waived. Loesch v. Casualty Co., — Mo. —, 75 S. W. 624. (3) The court erred in admitting in evidence the answer filed by appellant in the previous…
1Opinion of the CourtSmith, P. J.
This is an.action on a policy of fire insurance which contained a provision requiring the insured to furnish proof of loss and, if required, *657the certificate of a notary public reciting certain specified facts, within sixty days after the fire. The answer pleaded this policy provision and a failure to comply therewith.
At the trial evidence was adduced tending to show that the fire happened July 2, 1902; that two or three weeks thereafter the defendant’s adjuster, Pinckney, visited the scene of the fire and after many conferences with plaintiff’s president and others, and after spending two…
2Cases cited9 opinions
- Ehrlich v. Ætna Life InsuranceSupreme Court of Missouri · 1885
- Okey v. State InsuranceMissouri Court of Appeals · 1888
- Murphy v. North British & Mercantile InsuranceMissouri Court of Appeals · 1897
- Stiepel v. German American Mutual Life Ass'nMissouri Court of Appeals · 1893
- Summers v. Western Home InsuranceMissouri Court of Appeals · 1891
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3Cited by4 opinions
- Allen v. Phoenix Assurance Co.Idaho Supreme Court · 1906
- Compton Heights Laundry Co. v. General Accident, Fire & Life Assurance Corp.Missouri Court of Appeals · 1916
- Burgess v. Mercantile Town Mutual InsuranceMissouri Court of Appeals · 1905
- Keyes-Marshall Bros. Livery Co. v. St. Louis & Hannibal RailroadMissouri Court of Appeals · 1905