Pelkington v. National Insurance
Supreme Court of Missouri
Error to Pettis Circuit Court. I. In Hayward vs.' Nat. Ins. Oo. Han. (52 Mo., 181,) the ease of Hntehins vs. The Western Ins. Co., 21 Mo., 97, has been overruled, and the equitable rule has been established, that the condition in the policy may be waived by the company, and that the waiver may be made as well by acts as by positive declarations, and that the Company may be estopped from setting up the want of indorsement by its course of dealing under the circumstances.
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Error to Pettis Circuit Court. I. In Hayward vs.' Nat. Ins. Oo. Han. (52 Mo., 181,) the ease of Hntehins vs. The Western Ins. Co., 21 Mo., 97, has been overruled, and the equitable rule has been established, that the condition in the policy may be waived by the company, and that the waiver may be made as well by acts as by positive declarations, and that the Company may be estopped from setting up the want of indorsement by its course of dealing under the circumstances. In Geib vs. The International Ins. Co., 1 Dill. Ct. Ct. B., 449, Judge Dillon says, “As the local agent might, by contract…
1Opinion of the CourtWagnbr, Judge
When the court struck out the replication to the defendant’s answer, the plaintiffs took a non-suit, and, failing to have the same set aside, they have sued out their writ of error.
The petition was on a policy of insurance issued by the defendant, and the answer, by way of new matter and in avoidance of the action, stated as a special defense, that “it was an express condition of said policy, that if the assured should have, or shall hereafter make, any other insurance on the property hereby insured or any part thereof without the written consent of the company indorsed upon the said policy,…
2Cases cited2 opinions
- Hayward, Assignee v. National InsuranceSupreme Court of Missouri · 1873
- Horwitz v. Equitable Mutual InsuranceSupreme Court of Missouri · 1867
3Cited by31 opinions
- Farnum v. Phoenix InsuranceCalifornia Supreme Court · 1890
- Pollock v. German Fire-InsuranceMichigan Supreme Court · 1901
- Baile v. St. Joseph Fire & Marine InsuranceSupreme Court of Missouri · 1881
- Breckinridge v. American Central InsuranceSupreme Court of Missouri · 1885
- St. Louis Safe Deposit & Savings Bank v. Kennett EstateMissouri Court of Appeals · 1903
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