Obermeyer v. Globe Mutual Insurance
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. I. Where the over-insurance exists at the time of the fire, a recovery upon a policy containing conditions similar to those in the case at bar will not be permitted. But no case can be found to tbe effect that a recovery cannot be had because of a temporary over-insurance, where the over-insurance had ceased to exist at the time of the fire. (N. B. Eire & Marine Ins. Co. v. Schettler, 38 111. 166; Mitchell v. Lycoming Mut. Ins.
Read the full summary
Appeal from St. Louis Circuit Court. I. Where the over-insurance exists at the time of the fire, a recovery upon a policy containing conditions similar to those in the case at bar will not be permitted. But no case can be found to tbe effect that a recovery cannot be had because of a temporary over-insurance, where the over-insurance had ceased to exist at the time of the fire. (N. B. Eire & Marine Ins. Co. v. Schettler, 38 111. 166; Mitchell v. Lycoming Mut. Ins. Co., 51 Penn. St. 409.) Although there has been a non-compliance with a condition, express or implied, yet when that…
1Opinion of the CourtBliss, Judge
On the 15th of August, 1865, the defendant issued a fire insurance policy to the plaintiffs upon their mill for $3,000 — $1,500 upon the mill, and $1,500 upon the machinery — with the following clause in writing: “ Eighteen thousand dollars on same insured elsewhere, and two thousand additional to be insured, to be reported in total when required.” The printed part of the policy contained the usual stipulations for notice and indorsement upon the policy or acknowledgment in writing of all previous and subsequent insurances, in default of which the policy should cease and be of no effect.
The…
2Cases cited5 opinions
- Carpenter v. Providence Washington InsuranceSupreme Court of the United States · 1842
- Bigler v. . New York Central Insurance CompanyNew York Court of Appeals · 1860
- Rising Sun Insurance v. SlaughterIndiana Supreme Court · 1863
- Power v. Ocean InsuranceSupreme Court of Louisiana · 1841
- Morrison's Administrator v. Tennessee Marine & Fire InsuranceSupreme Court of Missouri · 1853
3Cited by13 opinions
- Penn Mut. Life Ins. v. Mechanics' Savings Bank & Trust Co.Court of Appeals for the Sixth Circuit · 1896
- Kenefick & Hammond v. Norwich Union Fire InsuranceSupreme Court of Missouri · 1907
- Georgia Home Ins. Co. v. RosenfieldCourt of Appeals for the Sixth Circuit · 1899
- Hinckley v. Germania Fire InsuranceMassachusetts Supreme Judicial Court · 1885
- Kossmehl v. Miller National InsuranceMissouri Court of Appeals · 1945
8 more not listed; retrieve them via the Exa API.