Bowen v. Hanover Fire Insurance
Missouri Court of Appeals
Appeal from the Pike Circuit Court. — Hon. Reuben F. Rot, Judge. Assured neither took an inventory nor kept books of account correctly detailing sales of the stock “hereby covered,” i. e., by the policy sued on. The keeping of such books was a promissory warranty running with the policy, and whether material or immaterial, without its fulfillment the policy was void. Laudman v. Ins. Co., 18 Ins. L. J. (La.) 813; Kelly Goodfellow Co. v. Ins. Co., 28 S. W. Rep.
Read the full summary
Appeal from the Pike Circuit Court. — Hon. Reuben F. Rot, Judge. Assured neither took an inventory nor kept books of account correctly detailing sales of the stock “hereby covered,” i. e., by the policy sued on. The keeping of such books was a promissory warranty running with the policy, and whether material or immaterial, without its fulfillment the policy was void. Laudman v. Ins. Co., 18 Ins. L. J. (La.) 813; Kelly Goodfellow Co. v. Ins. Co., 28 S. W. Rep. (Tex.) 1027; Insurance Co. v. Center, 33 Id. 554; Goldman v. Ins. Co., La., Feb., 1896, not yet reported; Pelican Co. v. Wilkerson, 13…
1Opinion of the CourtBiggs, J.
This is an action on a policy of fire insurance for $1,000. There is no dispute about the issuance of the policy or the burning of the goods insured, during the life of.the policy. The policy permitted other insurance, the total insurance, however, not to exceed in amount three fourths of the cash’ value of the goods, and the policy also provided that if other insurance was procured and a loss occurred and the total amount of insurance exceeded three fourths of the cash value of the property destroyed, the defendant would only be liable for its pro rata proportion of such three fourths value.…
2Cases cited7 opinions
- Titus v. . Glens Falls Insurance CompanyNew York Court of Appeals · 1880
- Weed v. London & Lancashire Fire InsuranceNew York Court of Appeals · 1889
- Roby v. American Central InsuranceNew York Court of Appeals · 1890
- Salt Springs National Bank v. SloanNew York Court of Appeals · 1892
- Robertson v. . Metropolitan Life Ins. Co.New York Court of Appeals · 1882
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Gold Issue Mining & Milling Co. v. Pennsylvania Fire InsuranceSupreme Court of Missouri · 1916
- Tinsley v. Ætna InsuranceMissouri Court of Appeals · 1918
- Curtis v. Indemnity Co. of AmericaSupreme Court of Missouri · 1931
- Keys v. National Council Knights & Ladies of SecurityMissouri Court of Appeals · 1913
- Shearlock v. Mutual Life InsuranceMissouri Court of Appeals · 1916
4 more not listed; retrieve them via the Exa API.