DeMun Estate Corp. v. Frankfort General Insurance
Missouri Court of Appeals
Appeal from Lincoln Circuit Court. — Hon. Edgar B. Woolf oik, Judge. . (1) The evidence conclusively showed that respondent was not in “actual occupation” of any part of the premises, and hence there was no violation of the conditions of the rider. 3 Joyce on Insurance, p. 2213; Craig v. Sp’g. E. & M. Ins. Co., 34 Mo.
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Appeal from Lincoln Circuit Court. — Hon. Edgar B. Woolf oik, Judge. . (1) The evidence conclusively showed that respondent was not in “actual occupation” of any part of the premises, and hence there was no violation of the conditions of the rider. 3 Joyce on Insurance, p. 2213; Craig v. Sp’g. E. & M. Ins. Co., 34 Mo. App. 484. (2) “Control” (or “occupation”) of the roof and walls of the building, when all habitable parts were leased, and was not “control” (or “occupation”) “of the property,” within a fair interpretation of the rider and policy. Still v. Conn. P. Ins. Co., 172 S. W. 626;…
1Opinion of the CourtNortoni, J.
This is a suit on a policy of insurance. Plaintiff recovered and defendant prosecutes the appeal.
The insurance contract is what is known as a landlord’s contingent policy. It vouchsafes indemnity to the owner of the building, who is neither in the occupation nor control of it, for such expenditures as he may make in liquidation of claims arising on account of personal injuries received because of defects in the building or the neglect of the owner which are chargeable to him at law. The building on which, the policy covers is situate on the west side of North Sixth street in St. Louis,…
2Cases cited6 opinions
- Mullen v. . St. JohnNew York Court of Appeals · 1874
- Stix v. Travelers Indemnity Co.Missouri Court of Appeals · 1913
- Still v. Connecticut Fire InsuranceMissouri Court of Appeals · 1915
- Wilson v. King's Lake Drainage & Levee DistrictSupreme Court of Missouri · 1914
- Winkleman v. Des Moines & Mississippi Levee District No. 1Missouri Court of Appeals · 1913
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3Cited by4 opinions
- Varble Ex Rel. Varble v. StanleyMissouri Court of Appeals · 1957
- Paul S. Taylor, D/B/A Taylor Towing Service v. Commercial Union Insurance Company, a CorporationCourt of Appeals for the Eighth Circuit · 1980
- Morris v. Central West Casualty Co.Appellate Court of Illinois · 1932
- Paul S. Taylor, D/B/A Taylor Towing Service v. Commercial Union Insurance Company, a CorporationCourt of Appeals for the Eighth Circuit · 1980