Senor v. Western Millers' Mutual Fire Insurance
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Sew. John W. Henry, Judge. (1) Defendant’s policy of insurance is to be interpreted in all respects by tbe same rules as other contracts, and so as to ascertain the meaning and intention of the parties thereto from the whole instrument. Renshaw v. Ins. Co., 103 Mo. 595; Brewing Co. v. Ins. Co., 63 Mo. App. 663; Hoover v. Ins. Co., 93 Mo.
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Appeal from Jackson Circuit Court. — Sew. John W. Henry, Judge. (1) Defendant’s policy of insurance is to be interpreted in all respects by tbe same rules as other contracts, and so as to ascertain the meaning and intention of the parties thereto from the whole instrument. Renshaw v. Ins. Co., 103 Mo. 595; Brewing Co. v. Ins. Co., 63 Mo. App. 663; Hoover v. Ins. Co., 93 Mo. App. 111. (2) The Commercial Union Assurance Company’s policy having • been taken out by plaintiff Señor, on property already insured by defendant’s policy, while defendant’s policy was in force and without defendant’s…
1Opinion of the CourtFox, J.
“This suit was instituted October 19, 1900, in the circuit court of Jackson county, Missouri, and is on a fire insurance policy issued by defendants June 28, 1899, which contained, among others, the following provisions.
“ ‘In consideration of the stipulation herein named and of $123.75 premium, does insure C. M. Señor for the term of five years, from the 28th day of June, 1899, at noon, to the 28th day of June, 1904, at noon, against all direct loss or damage by fire and lightning, except as hereinafter provided to an amount not exceeding forty-five hundred dollars, to the following described…
2Cases cited5 opinions
- East Texas Fire Insurance v. BlumTexas Supreme Court · 1890
- Oakland Home Insurance v. Bank of CommerceNebraska Supreme Court · 1896
- Boyd v. Thuringia InsuranceWashington Supreme Court · 1901
- Kabrich v. State InsuranceMissouri Court of Appeals · 1892
- Griswold v. American Central InsuranceMissouri Court of Appeals · 1876
3Cited by20 opinions
- Insurance Co. of North America v. WilliamsSupreme Court of Alabama · 1917
- Welch v. British American Etc. Co.California Supreme Court · 1905
- L'Engle v. Scottish Union & National Fire InsuranceSupreme Court of Florida · 1904
- Home Ins. v. WilliamsCourt of Appeals for the Fifth Circuit · 1916
- Smith v. Germania Fire InsuranceOregon Supreme Court · 1922
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