Probst v. American Central Insurance
Missouri Court of Appeals
Appeal from the Saline Circuit Court. — Hon. Richard Field, Judge. (1) No proofs of loss were made as required by tbe policy. This was a condition precedent to plaintiff’s right to recover. Hanna v. Ins. Co., 36 Mo.
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Appeal from the Saline Circuit Court. — Hon. Richard Field, Judge. (1) No proofs of loss were made as required by tbe policy. This was a condition precedent to plaintiff’s right to recover. Hanna v. Ins. Co., 36 Mo. App. 538. (2) The evidence showed that an appraisal had been demanded, appraisers had been appointed, and no award had been made; and failed to show that defendant or its appraiser were in any mapner responsible for the failure to agree upon an umpire or upon the amount of the loss. Under these facts plaintiff was not entitled to recover. Davenport v. Ins. Co., 10 Daly, 535; Adams…
1Opinion of the CourtGill, J.
This is a suit on a policy of insurance covering a stock of general merchandise owned and held by the plaintiff: at Glasgow, Missouri. The petition is in. the usual form, alleging execution of the policy September 6, 1893, to run for one year; that the goods were destroyed by fire February 4, 1894, etc., and asks judgment for $1,000, the amount named in the policy, together with interest and ten per cent damages for defendant’s vexatious refusal to pay. In addition to a general denial of all matters alleged, except defendant’s incorporation and issue of the policy, the answer sets up four…
2Cases cited1 opinion
- Arnold v. Hartford Fire InsuranceMissouri Court of Appeals · 1893
3Cited by3 opinions
- Hawkinson Tread Tire Service Co. v. Indiana Lumbermens Mutual InsuranceSupreme Court of Missouri · 1951
- Yankoff v. Allied Mutual Insurance CompanyMissouri Court of Appeals · 1956
- Johnson v. Lumber InsuranceMissouri Court of Appeals · 1909