McCluer v. Home Insurance
Missouri Court of Appeals
Appeal from tlie Greene Circuit Court, Hon. James R. Vaughan, Judge. There are two classes of cases in which the doctrine of waiver of forfeiture incurred by default in the payment of premiums has been considered: (1) Where the contract ■ provides that upon default in the payment the whole of the premium shall be deemed due and earned.
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Appeal from tlie Greene Circuit Court, Hon. James R. Vaughan, Judge. There are two classes of cases in which the doctrine of waiver of forfeiture incurred by default in the payment of premiums has been considered: (1) Where the contract ■ provides that upon default in the payment the whole of the premium shall be deemed due and earned. In these cases the acceptance by the company of a past-due premium after loss has occurred, does not waive the forfeiture ; and this for the very obvious reason that it is taking no more than it is entitled to, because by express agreement the premium is all…
1Opinion of the CourtRombatjer, P. J.
This is an action on a fire insurance policy. The trial court instructed the jury at the close of plaintiff ’s-evidence that he could not recover, and this appeal is-prosecuted by him from the judgment of the court refusing to set aside the nonsuit which he was compelled to take as a result of the instruction.,The plaintiff urges two exceptions: That the court erred in ruling out certain evidence offered by him, and also erred in withdrawing his case from the jury.
The following facts appeared by the pleadings and evidence: Plaintiff owned a farm on which stood a residence and two barns. He…
2Cases cited8 opinions
- Joliffe v. Madison Mutual InsuranceWisconsin Supreme Court · 1875
- Baldwin v. Chouteau InsuranceSupreme Court of Missouri · 1874
- Sims v. State InsuranceSupreme Court of Missouri · 1870
- Farmers' Mutual Fire Insurance v. BowenMichigan Supreme Court · 1879
- James v. CloughMissouri Court of Appeals · 1887
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Haggard v. German InsuranceMissouri Court of Appeals · 1893