Crossan v. Pennsylvania Fire Ins. Co.
| Decision Date | 16 November 1908 |
| Citation | 113 S.W. 704,133 Mo. App. 537 |
| Parties | CROSSAN v. PENNSYLVANIA FIRE INS. CO. |
| Court | Missouri Court of Appeals |
Rev. St. 1899, § 7979 (Ann. St. 1906, p. 3794), providing that no insurer shall accept a risk on any property at a ratio greater than three-fourths of the value of the property insured, and, when taken, its value shall not be questioned in any proceedings, is a direction not to insure for more than three-fourths value, and that, when a value is fixed, it cannot be denied that the sum fixed is three-fourths of the value of the property.
2. INSURANCE (§ 179) — STATUTORY VALUATION — POLICY — CONSTRUCTION.
Under Rev. St. 1899, § 7979 (Ann. St. 1906, p. 3794), prohibiting insurance for more than three-fourths value, where a policy insuring personal property for a gross premium in a gross sum of $500 divided such amount into three separate classes, representing different kinds of property, the contract was severable as to each class, and should be construed as though the amount of insurance assigned to each class was three-fourths of the value of the property included in the particular class.
Appeal from Circuit Court, Nodaway County; Wm. C. Ellison, Judge.
Action by George W. Crossan against the Pennsylvania Fire Insurance Company. Judgment for plaintiff, and defendant appeals. Reversed and remanded.
Fyke & Snider and B. R. Martin, for appellant. J. C. Growney, for respondent.
This is an action on a fire insurance policy, in which plaintiff recovered judgment in the trial court for $500, the full amount of the policy. The policy insured the plaintiff against loss on personal property, for a gross premium, in the gross sum of $500. That sum was the total made up by the separate insurance of three classes of property in the same building, with the amount of insurance stated on each class. Two hundred dollars was on stock of general merchandise, $225 was on furniture and fixtures in the store, and $75 was on household and kitchen furniture. The insurance was taken on the 3d day of July, 1907, and the fire occurred three days thereafter. The loss was not total on either of the three classes of property. Plaintiff placed the aggregate value of the property saved at $100.
An instruction for plaintiff put the case to the jury as an insurance in solido for the gross sum of $500, and, though there was a saving from the fire of $100 in value, yet the theory of the instruction was that the provision of section 7979, Rev. St. 1899 (Ann. St. 1906, p. 3794), in the following words: "No company shall take a risk on any property in this state at a ratio greater than three-fourths of the value of the property insured, and when taken, its value shall not be questioned in any proceeding" — had the effect, so far as defendant was concerned in this action, of fixing the value of the property at a sum of which $500 was three-fourths; that is to say, $666 2/3. Therefore, when he saved $100 in value from the fire, he yet lost more than $500, and consequently was entitled to recover the full sum of the insurance. We have heretofore construed the foregoing statute as being a direction to insurance companies not to insure for more than three-fourths of the value of property, and that, when they did fix a value and issue insurance for the sum fixed...
To continue reading
Request your trial
-
Prestigiacamo v. Am. Equitable Assur. Co.
...one building. Pennsylvania Casualty Co. v. Suburban Service Bus Co., Mo. App., 211 S.W. 2d 524, 529; George W. Crossan v. Pennsylvania Fire Ins Co., 133 Mo. App. 537, 540, 113 S.W. 704; Parker-Russell Min. & Mfg. Co. v. Ins. Company of North America, 209 Mo. App. 503, 514, 240 S.W. 248; Tei......
-
Prestigiacamo v. American Equitable Assur. Co. of N. Y.
... ... property as one building. Pennsylvania Casualty Co. v ... Suburban Service Bus Co., Mo. App., 211 S.W. 2d 524, ... 529; George W. Crossan v. Pennsylvania Fire Ins Co., ... 133 Mo.App. 537, 540, 113 S.W. 704; ... ...
-
Duckworth v. U.S. Fidelity & Guaranty Co.
...v. Northwestern Nat. Ins. Co., 132 Mo.App. 405, 111 S.W. 1184 (1908), Merchandise, furniture and fixtures; Crossan v. Pennsylvania Fire Ins. Co., 133 Mo.App. 537, 113 S.W. 704 (1908); Merchandise, furniture, fixtures and household goods; Spickard v. Fire Ass'n of Philadelphia, 164 Mo.App. 1......
-
Parker-Russell Mining And Manufacturing Co. v. Insurance Company of North America
... ... 326; ... Wertheimer v. Casualty Co., 172 Mo. 135; ... O'Malley v. Ins. Co., 232 S.W. 199; Corbin ... v. Mystic Workers, 226 S.W. 64; Am ... the premises. Walker v. Fire Assn., 201 S.W. 571; ... Still v. Ins. Co., 185 Mo.App. 550; Ideal Pump ... Co., 126 Mass. 389; Trabue v ... Ins. Co., 121 Mo. 75; Crossan v. Ins. Co., 133 ... Mo.App. 537; La Font v. Ins. Co., 193 Mo.App. 543; ... distinct items is not debatable. In Crossan v ... Pennsylvania Ins. Co., 133 Mo.App. 537, 113 S.W. 704, ... Judge ELLISON said: ... ...