Stevens v. Norwich Union Fire Ins. Co.
Decision Date | 09 July 1906 |
Citation | 96 S.W. 684,120 Mo. App. 88 |
Parties | STEVENS v. NORWICH UNION FIRE INS. CO. |
Court | Missouri Court of Appeals |
A fire policy insured $600 on household goods. A portion of them were rescued from the fire. Those saved amounted in value to $100, and those destroyed to $800. Held, that the loss was only partial, requiring in case of disagreement as to the amount of the loss, the submission to appraisement as provided for in the policy.
Appeal from Circuit Court, Howell County; W. N. Evans, Judge.
Action by A. J. Stevens against the Norwich Union Fire Insurance Company. From a judgment for plaintiff, defendant appeals. Reversed and remanded.
This is a suit on a policy of fire insurance issued by the defendant insurance company in favor of the plaintiff, covering a frame residence and household goods therein owned and occupied by him in the city of West Plains. In so far as material to the questions involved in the present controversy, the policy in suit is as follows: The petition is in the usual form, alleges a total destruction by fire of the property insured and the full performance by the plaintiff of all conditions of the policy on his part. The answer admits the issuance of the policy and a loss by fire thereunder, and among other things, specifically denies that the dwelling house was wholly destroyed, and affirmatively pleads the condition of the policy quoted, which provides, in effect, that in event of loss and disagreement between the parties as to the amount thereof, the same shall be ascertained by competent appraisers, etc. It avers that after the fire a disagreement arose between plaintiff and defendant with respect to the amount of the loss on both the building and household goods, so that an appraisal thereof was required, and that no such ascertainment of the loss by appraisal has been had, and that, therefore, plaintiff is not entitled to recover. It further denies every allegation in the petition contained which was not expressly admitted to be true. The reply is a general denial. The proposition advanced by the plaintiff and upon which he predicates his suit is that the loss was total on both the residence and contents; or, in other words, that the property, both real and personal, was wholly destroyed, within the meaning of the statute, and therefore the condition of the policy with respect to arbitration does not apply, while the counter-proposition advanced by the insurance company is that the loss was partial only on both the residence and household goods and therefore the arbitration agreement in the policy does apply and operates as a condition precedent to plaintiff's...
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