LaForce v. Williams City Fire Insurance
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. J. H. Slover, Judge. Statement by the court. This was a suit brought by the plaintiff against the defendant in the circuit court of Jackson county, upon a fire-insurance policy. The answer admitted the execution of the policy.
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Appeal from the Jackson Circuit Court. — Hon. J. H. Slover, Judge. Statement by the court. This was a suit brought by the plaintiff against the defendant in the circuit court of Jackson county, upon a fire-insurance policy. The answer admitted the execution of the policy. There was a denial of performance of all the conditions to be performed by the plaintiff, followed with the allegation that the policy was avoided by the keeping, storing and using of gasoline on the premises insured, and that the defendant, by the terms of the policy, was exempt from liability for damage by fire if caused…
1Opinion of the CourtSmith, P. J.
I. The first ground of the defendant’ s appeal is that no immediate notice of the loss was given by the plaintiff to the defendant. The policy upon which this action is founded provides, amongst other things, that “where afire has occurred injuring the property herein described the assured shall * * * give immediate notice of the loss in writing to this company.” The notice was given not until fourteen days after the loss. The object, no doubt, of this general' notice, as distinguished from the particular notice. required by the terms of the policy to be given later on, was to enable the…
2Cases cited11 opinions
- Hoffman v. Ætna Fire InsuranceNew York Court of Appeals · 1865
- Baile v. St. Joseph Fire & Marine InsuranceSupreme Court of Missouri · 1881
- Reynolds v. . Commerce Fire Ins. Co. of N.Y.New York Court of Appeals · 1872
- Rippstein v. St. Louis Mutual Life InsuranceSupreme Court of Missouri · 1874
- West Rockingham Mutual Fire Ins. v. Sheets & Co.Supreme Court of Virginia · 1875
6 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Dezell v. Fidelity & Casualty Co.Supreme Court of Missouri · 1903
- State Ex Rel. Security Mutual Life Insurance v. AllenSupreme Court of Missouri · 1924
- Weininger v. Metropolitan Fire InsuranceIllinois Supreme Court · 1935
- Myers v. Maryland Casualty Co.Missouri Court of Appeals · 1907
- Parker v. Middlesex Mutual Assurance Co.Massachusetts Supreme Judicial Court · 1901
34 more not listed; retrieve them via the Exa API.