Mensing v. American Insurance
Court of Appeals of Kansas
Appeal from the Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) (a) The first instruction given for plaintiff is erroneous. It assumes that defendant insured the house, and it further assumes that said house was a dwelling house. The first proposition defendant has been contesting all the way through the case and is still contesting, because if the warranties in the application and policy were not true, the policy did not attach and the house was not insured.
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Appeal from the Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) (a) The first instruction given for plaintiff is erroneous. It assumes that defendant insured the house, and it further assumes that said house was a dwelling house. The first proposition defendant has been contesting all the way through the case and is still contesting, because if the warranties in the application and policy were not true, the policy did not attach and the house was not insured. Chrisman v. Ins. Co., 18 Pac. Rep. 466. The second proposition in the instruction is in direct conflict with plaintiff’s own…
1Opinion of the CourtEllison, J.
— This action is based on a policy of fire insurance which referred to a written application which had been made by the assured and made such application a part of the policy. The application stated the property to be a dwelling house, and though signed by the assured, it was written by defendant’s soliciting agent. The policy provided for proofs of loss within thirty days after the fire. On the back of the policy, in large type, was the following :
“notice to policy holder,
“Insurance in this company is confined to farm houses, barns, and out-buildings ; private dwellings and private barns in…
2Cases cited7 opinions
- New York Life Insurance v. FletcherSupreme Court of the United States · 1886
- Marvin v. . Universal Life Insurance Co.New York Court of Appeals · 1881
- American Insurance v. NeibergerSupreme Court of Missouri · 1881
- Boyd v. Cedar Rapids Ins.Supreme Court of Iowa · 1886
- Thomas v. Hartford Fire InsuranceMissouri Court of Appeals · 1886
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Burnham, Hanna, Munger & Co. v. Greenwich InsuranceMissouri Court of Appeals · 1895
- Shoup v. Dwelling-House Fire InsuranceMissouri Court of Appeals · 1892
- Hamilton v. Wabash RailroadMissouri Court of Appeals · 1899
- Burnham, Hanna, Munger & Co v. Greenwich InsuranceMissouri Court of Appeals · 1894
- Vencill v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1908
4 more not listed; retrieve them via the Exa API.