Farber v. American Automobile Insurance
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. J-Hugo Grimm, Judge. (1) In case of total loss by fire of a second-hand automobile, the valued policy law (Sec. 7030, R. S. 1909)» does not preclude the .defenses of breach of warranty and fraud in the inducement based upon misstatements as to its cost made by the assured at the time the policy was written. See. 6009, R. S. 1879; Sec. 7020, R. S. 1909; Holloway v. Dwelling House Insurance Co., 48' Mo.
Read the full summary
Appeal from St. Louis City Circuit Court. — Hon. J-Hugo Grimm, Judge. (1) In case of total loss by fire of a second-hand automobile, the valued policy law (Sec. 7030, R. S. 1909)» does not preclude the .defenses of breach of warranty and fraud in the inducement based upon misstatements as to its cost made by the assured at the time the policy was written. See. 6009, R. S. 1879; Sec. 7020, R. S. 1909; Holloway v. Dwelling House Insurance Co., 48' Mo. App. 1; Lama v. Dwelling House Insurance Co., 51 Mo. App. 447; Maddox v. Dwelling House Insurance Co., 56 Mo. App. 343; School District v. State…
1Opinion of the CourtNortoni, J.
This is a suit on a policy of fire insurance. Plaintiff recovered and defendant prosecutes the appeal.
*312The subject-matter, an automobile, was destroyed by fire about three months after it was insured. The policy was issued and delivered to plaintiff on the seventh day of March, 1912, and by its provisions defendant insured her' in the amount of $1,750 against the loss of the automobile by fire. About three months thereafter, while plaintiff and a party of her friends were riding in the-automobile on a country road near St. Louis, it suddenly became enveloped in flame and was totally destroyed.…
2Cases cited29 opinions
- Orient Insurance v. DaggsSupreme Court of the United States · 1899
- Havens v. Germania Fire InsuranceSupreme Court of Missouri · 1894
- Combs v. Hannibal Savings & InsuranceSupreme Court of Missouri · 1869
- Daggs v. Orient InsuranceSupreme Court of Missouri · 1896
- Indiana Insurance v. HartwellIndiana Supreme Court · 1890
24 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Smith v. Ohio Millers Mutual Fire InsuranceSupreme Court of Missouri · 1928
- Gilbert v. MalanMissouri Court of Appeals · 1937
- Binswanger v. Employers Liability Assurance Corp.Missouri Court of Appeals · 1930
- Gooch v. Motors Insurance Co.Missouri Court of Appeals · 1958
- Gamel v. Continental Insurance CompanyMissouri Court of Appeals · 1971
12 more not listed; retrieve them via the Exa API.