Ross-Langford v. Mercantile Town Mutual Insurance
Missouri Court of Appeals
Appeal from Worth Circuit Court. — Rom. Gallatin Craig, Judge. (1) The building insured was not a dwelling when insured or when destroyed. Its nse in part for a millinery store or millinery shop deprived it of that character and changed the nature of its insurance risk. Gannett v. Albree, 103 Mass.. 372; Mensing v. Ins. Co., 36 Mo.
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Appeal from Worth Circuit Court. — Rom. Gallatin Craig, Judge. (1) The building insured was not a dwelling when insured or when destroyed. Its nse in part for a millinery store or millinery shop deprived it of that character and changed the nature of its insurance risk. Gannett v. Albree, 103 Mass.. 372; Mensing v. Ins. Co., 36 Mo. App. 602. (2) Agents of town mutual insurance companies organized under the Missouri laws can not waive conditions in the company’s policies or applications for insurance otherwise than in writing. R. S. 1899, sec. 8091. (3) Missouri town mutual insurance companies…
1Opinion of the CourtSmith, P. J.
— This is an action on a fire insurance policy. The ease disclosed by the record before us may be stated to be something like this:
The plaintiff was the owner of a small frame dwelling house containing five rooms situate in Denver — a village in this State — and desiring to insure the same against loss by fire applied to the defendant’s agent to effect such insurance in defendant — a town mutual company organized under the statutes of this State (art. 9, chap. 119, R. S.) explaining to said agent the situation, character, etc., of the property. This latter, who was authorized to solicit…
2Cases cited12 opinions
- Insurance Co. v. WilkinsonSupreme Court of the United States · 1872
- James v. Mutual Reserve Fund Life Ass'nSupreme Court of Missouri · 1899
- Lee v. TillotsonNew York Supreme Court · 1840
- Thompson v. Traders' InsuranceSupreme Court of Missouri · 1902
- Combs v. Hannibal Savings & InsuranceSupreme Court of Missouri · 1869
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- Rudd v. American Guarantee Fund Mutual Fire InsuranceMissouri Court of Appeals · 1906
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