Dworkin v. Caledonian Insurance
Supreme Court of Missouri
Appeal from Jackson Circuit Court.—Hon. Harris Robinson, Judge. (1) Sec. 868, R. S. 1909, enacted in 1909, Laws 1909, p. 347, as construed in the Young case, is in direct conflict with Art. II, Sec. 30, Constitution of Missouri, and XIV. Amendment of IF. S. Constitution.
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Appeal from Jackson Circuit Court.—Hon. Harris Robinson, Judge. (1) Sec. 868, R. S. 1909, enacted in 1909, Laws 1909, p. 347, as construed in the Young case, is in direct conflict with Art. II, Sec. 30, Constitution of Missouri, and XIV. Amendment of IF. S. Constitution. If the statute is to be construed as stated in the case of Young v. Insurance Company, 269 Mo. 1, the plaintiffs and defendant are absolutely prohibited from entering into an agreement or a contract by which the amount of' loss, if any, under the policy sued on, could be ascertained by appraisement, and it is, and at all…
1Opinion of the CourtGoode, J.
This appeal requires us to decide whether the statute, presently to be quoted, annuls the clause in a contract of insurance for the ascertainment by appraisement of the amount of the damage done by a fire to the property insured if the insured and the company could not agree as to the amount of the loss. The policy is not set out in full, in the record, and we must get at the intention of the parties to it by wbat is before us, part of which we abridge and copy a part.
The policy provided regarding a loss by fire, that it should be ascertained or estimated according to the cash value of the…
2Cases cited34 opinions
- Hamilton v. Liverpool, London & Globe InsuranceSupreme Court of the United States · 1890
- Omaha Water Co. v. City of OmahaCourt of Appeals for the Eighth Circuit · 1906
- Non-Royalty Shoe Co. v. Phoenix Assurance Co.Supreme Court of Missouri · 1919
- Palmer v. ClarkMassachusetts Supreme Judicial Court · 1871
- Wurster v. . ArmfieldNew York Court of Appeals · 1903
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3Cited by14 opinions
- Hill v. Seaboard Fire & Marine Insurance CompanyMissouri Court of Appeals · 1963
- Hawkinson Tread Tire Service Co. v. Indiana Lumbermens Mutual InsuranceSupreme Court of Missouri · 1951
- Gillioz v. State Highway CommissionSupreme Court of Missouri · 1941
- Citizens Bldg. of West Palm Beach, Inc. v. Western Union Tel. Co.Court of Appeals for the Fifth Circuit · 1941
- St. Paul Fire & Marine Ins. Co. v. EldracherCourt of Appeals for the Eighth Circuit · 1929
9 more not listed; retrieve them via the Exa API.