Thomas v. Burlington Insurance
Missouri Court of Appeals
Appeal from the Linn Circuit Court. — Hon. G. D. Burgess, Judge. (1) The proposition is, if the assured refused to submit to the examination, he cannot recover on the policy. Harris v. Ins. Co., 35 Conn. 310; Bonner v. Ins. Co., 13 Wis. 677 ; Phillips v. Ins. Co., 14 Mo. 226 ;, May on Ins. [2 Ed.] p. 709. (2) We next call .attention of the court to instruction, numbered 2, asked for by the defendant and refused by the court.
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Appeal from the Linn Circuit Court. — Hon. G. D. Burgess, Judge. (1) The proposition is, if the assured refused to submit to the examination, he cannot recover on the policy. Harris v. Ins. Co., 35 Conn. 310; Bonner v. Ins. Co., 13 Wis. 677 ; Phillips v. Ins. Co., 14 Mo. 226 ;, May on Ins. [2 Ed.] p. 709. (2) We next call .attention of the court to instruction, numbered 2, asked for by the defendant and refused by the court. Before the assured can recover on a policy in case of loss, he must comply, substantially at least, with the requirements of the policy in all matters that are conditions…
1Opinion of the CourtGill, J.
Defendant, by its policy, insured the plaintiff’s stock of furniture, etc., at Marceline, Linn county, in the sum of $800. The goods were, partially at least, destroyed by fire. A claim was made on defendant to repair said loss, was refused, and plaintiff sued on the policy. Prom a verdict and judgment in the circuit court for $595, defendant appealed to this court.
I. To defeat the action, the defendant insurance company relied mainly on an alleged violation by plaintiff of the following provisions of the policy: “If required, after loss, assured * * * shall submit to examination or…
2Cases cited1 opinion
- Grigsby v. German InsuranceMissouri Court of Appeals · 1890
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- Policemen's Benevolent Ass'n v. RyceIllinois Supreme Court · 1904
- Liverpool London Globe Ins. Co. v. CargillSupreme Court of Oklahoma · 1914
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