Roe v. Columbus Insurance
Supreme Court of Missouri
«Appeal from St. Louis Circuit Court. This was an action upon a policy of insurance, upon an agreed statement of facts. The policy, after enumerating the perils insured against, among which is that of fire, contained the following clause : “ Provided,.that the insurers shall not be liable for any partial loss, except in cases of general average, unless said loss amounts to ten per cent, on the agreed value in this policy, exclusive of all expenses of ascertaining and proving…
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«Appeal from St. Louis Circuit Court. This was an action upon a policy of insurance, upon an agreed statement of facts. The policy, after enumerating the perils insured against, among which is that of fire, contained the following clause : “ Provided,.that the insurers shall not be liable for any partial loss, except in cases of general average, unless said loss amounts to ten per cent, on the agreed value in this policy, exclusive of all expenses of ascertaining and proving the same; nor for damage or loss arising from or caused by the said steamboat being unduly laden, during the…
1Opinion of the CourtNaptoN, Judge
This was a policy of insurance upon the steamboat St. Joseph, and contained an enumeration of risks usual in river policies, among which was that of fire. There was also a proviso in the policy, that the insurers would not be liable “ for any damage or loss arising from the bursting of boilers, collapsing of flues or breaking of engines, unless from unavoidable external cause, or from any consequences resulting therefrom.” The loss sustained, according to the agreed case, was a total one. A boiler burst, whilst the boat was running, which drove out the adjacent boiler and tore away the…
2Cited by5 opinions
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- Younker ex rel. Ralston v. MartinSupreme Court of Iowa · 1864
- Miller v. London & Lancashire Fire InsuranceAppellate Court of Illinois · 1891
- Farrell v. Farmers' Mutual Fire InsuranceMissouri Court of Appeals · 1896
- Heuer v. Westchester Fire InsuranceAppellate Court of Illinois · 1892