Gragg & Gragg v. Northwestern National Insurance
Missouri Court of Appeals
Appeal from Vernon Circuit Court. — Eon. B. G. Thurman, Judge. (1) There was a disagreement as to the amount of loss when the insurer offered a sum in settlement, which insured refused to accept and thereupon the appraisal of the contract immediately became operative and no right of action could accrue to insured until there had been an appraisal of the amount of his loss or an effort put forth by assured to secure an appraisal.
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Appeal from Vernon Circuit Court. — Eon. B. G. Thurman, Judge. (1) There was a disagreement as to the amount of loss when the insurer offered a sum in settlement, which insured refused to accept and thereupon the appraisal of the contract immediately became operative and no right of action could accrue to insured until there had been an appraisal of the amount of his loss or an effort put forth by assured to secure an appraisal. An action instituted before that had been done, is prematurely brought. Murphy v. Insurance Co., 61 Mo. App. 323; Murphy v. Insurance Co., 70 Mo. App. 78; McNees v.…
1Opinion of the CourtBroaddus, P. J.
This is a suit on a fire insurance policy which was issued to plaintiffs June 16, 1906, for $1,500 covering $300 on store, office furniture and office fixtures and $1,200 on stock of general merchandise situated in a store at Sheldon, Missouri. Plaintiffs claim that there was a total insurance of $8,900 on their stock of goods and $600 furniture and fixtures. There was concurrent insurance on the property also in relation to which there is no issue made by defendant.
The plaintiffs acquired the property in suit in the latter part of February, 1906, and commenced business <on or about March…
2Cases cited7 opinions
- Stevens v. Norwich Union Fire InsuranceMissouri Court of Appeals · 1906
- Gibson v. Missouri Town Mutual Ins.Missouri Court of Appeals · 1900
- Murphy v. North British & Mercantile InsuranceMissouri Court of Appeals · 1897
- Murphy v. Northern British & Mercantile Co.Missouri Court of Appeals · 1895
- McNees v. Southern InsuranceMissouri Court of Appeals · 1897
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Duckworth v. United States Fidelity & Guaranty Co.Missouri Court of Appeals · 1970
- Hartford Live Stock Insurance v. GibsonCourt of Appeals of Kentucky (pre-1976) · 1934
- Shook v. Retail Hardware Mutual Fire InsuranceMissouri Court of Appeals · 1911
- Spickard v. Fire Ass'nMissouri Court of Appeals · 1912
- Hilburn v. Phoenix InsuranceMissouri Court of Appeals · 1910
2 more not listed; retrieve them via the Exa API.