Casner v. New Amsterdam Casualty Co.
| Decision Date | 28 November 1905 |
| Citation | 91 S.W. 1001,116 Mo. App. 354 |
| Parties | CASNER v. NEW AMSTERDAM CASUALTY CO. |
| Court | Missouri Court of Appeals |
Appeal from St. Louis Circuit Court; Moses N. Sale, Judge.
Action by Dora Casner against the New Amsterdam Casualty Company. From a judgment for defendant, plaintiff appeals. Reversed.
Virgil Rule and H. A. Steinwender, for appellant. Jones & Hocker, for respondent.
This action was on a policy of insurance by which the defendant company agreed to indemnify the plaintiff against the loss of certain designated property by burglary and theft. The contract of insurance was prepared by filling out blanks of a printed form in use by the defendant. The portions of the policy material to the appeal read as follows:
New Amsterdam Casualty Company.
In consideration of twelve and 50/100 dollars ($12.50) premium, and of the statements contained in the schedule attached hereto and hereby made a part hereof, which statements the assured makes on the acceptance of this policy and warrants to be true, the New Amsterdam Casualty Company (herein called the company) does hereby agree to indemnify Mrs. Dora Casner of St. Louis, county of ____, state of Missouri (herein called the assured), for the term of twelve months, beginning on the nineteenth day of November, 1903, at noon, and ending on the nineteenth day of November, 1904, at noon, standard time, at the place where this policy has been countersigned, subject to the following special and general agreements, which are to be construed as co-ordinate as conditions.
The following is a rider attached to the policy:
For direct loss by burglary, theft or larceny of any property described in the said schedule and stated therein to be insured hereunder occasioned by its felonious abstraction from the interior of the house, building, apartments or rooms actually occupied by the assured, also described in the said schedule and hereinafter called premises, by any domestic servant or other employee of the assured or by any person or persons, and
For direct loss by damage to said property and to the said premises caused by any person while in or upon the said premises for purposes of burglary, theft or larceny.
Special Agreements.
(a) The company's liability is limited to the several specific amounts stated in clause No. 12 of the said schedule and subject to such limits as respects each item, the total liability of the company hereunder is limited to one thousand dollars ($1,000).
(b) The company shall not be liable for loss (1) if the property does not belong to the assured or to a member of his family residing with him or to a person residing with the family who does not pay board or rent; (2) if the premises are left without an occupant for more than six consecutive months without written permission for a further period of nonoccupancy endorsed hereon and signed by an officer of the company at the home office; (3) of money or securities for money, of coin collections, stamp collections, medals, manuscript, plans, patterns, models, molds or designs, deeds, documents of title to property and business books, unless the same are specifically mentioned in the said schedule, and then only for an amount not exceeding $50.
(c) If the assured is the occupant of an apartment or flat house this insurance covers goods in a locked storeroom in the same house provided for the exclusive use of the assured by the landlord to the extent of fifty dollars ($50) and no more.
Schedule.
(1) The name of the assured is Mrs. Dora Casner.
(2) The business address of the assured is ____.
(3) The occupation of the assured is ____.
(4) The location of the premises insured hereby is 3125 Laclede avenue, St. Louis, Missouri.
(Street No.) (City or Town) (State.)
(5) The premises are fully described as follows: Private residence.
(State whether private residence, boarding house, apartment house, or at house.)
(6) The portion of the premises occupied by the assured is all.
(7) The premises are occupied by the assured as ____.
(State whether owner or tenant.)
(8) There is a regular front door or hall attendant except as follows: None.
(9) There will be a resident caretaker within the premises at all times during the absence of the assured and his family, except as follows: None.
(10) The assured has not sustained any loss nor received indemnity for any loss by burglary, theft or larceny within the last five years, except as follows: None.
(11) The total value of all the property described below does not exceed three thousand dollars ($3,000).
(12) The insurance granted by this policy and the premium thereon is to apply specifically as follows:
Insurance. Premium
Item I. On gold and sterling silverware
watches, jewelry, plated
ware, wearing apparel
furs, laces, rugs, tapestries
paintings, bronzes
clocks, bric-a-brac, musical
and professional instruments
sporting outfit, bicycles,
plumbing, gas and water
fixtures, and household
goods and personal effects
common in residences generally .. $1,000 $12.50
including money to the extent
of $50.00........................ $..... $.....
Item II. On horses, vehicles, harness,
robes, blankets and other
like articles contained in
the private stable of the
assured, situate contiguous
to the said premises............ $..... $.....
Item III. On property
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