Evanston Golf Club v. Home Ins. Co.

• Decision Date: 18 June 1906
• Citation: 119 Mo. App. 175,95 S.W. 980
• Parties: EVANSTON GOLF CLUB v. HOME INS. CO.
• Court: Missouri Court of Appeals

95 S.W. 980

119 Mo. App. 175

EVANSTON GOLF CLUB v. HOME INS. CO.

Kansas City Court of Appeals. Missouri.

June 18, 1906.

INSURANCE — FIRE POLICY — PROPERTY COVERED.

Where the owners of a clubhouse procured from the insurer thereof a permit to make alterations and repairs, including the building on of a new kitchen in place of one of them attached to and a part of the clubhouse, and in making such repairs the old kitchen was detached and removed a distance of 100 feet, and at a time when it had not been determined whether it would be reattached was destroyed by fire, it was not covered by the policy.

Appeal from Circuit Court, Jackson County; James Gibson, Judge.

Action by the Evanston Golf Club against the Home Insurance Company. From a judgment in favor of defendant, plaintiff appeals. Affirmed.

Albert Young, for appellant. Fyke & Snider, for respondent.

ELLISON, J.

The defendant insured, in two policies, the plaintiff against loss by fire of its "two-story frame shingle-roof clubhouse and additions thereto, including foundation, gas and water pipes and fixtures, and all permanent fixtures for heating and lighting as part of the building situated on the north side of Fifteenth street about 100 yards east of the Chicago & Alton Railroad tracks between Independence, Mo., and Kansas City, Mo. By one of said policies respondent also insured appellant to the extent of $1,700 on clubhouse furniture and fixtures, etc., and $300 on its stock of wines, liquors, cigars, and smokers' articles, all while contained in the above-described clubhouse building and additions." At the time these policies took effect the clubhouse was a single compact building, including the kitchen. Afterwards plaintiff procured from defendant a "permit" to "make alterations, additions, and repairs for a period of 40 days." This permit was to cover the building on of a new kitchen in place of the one then attached to and a part of the clubhouse. To do this the contractor detached the old kitchen and removed it away a distance of 100 feet, but still on plaintiff's grounds. There it stood, with the side out which had been next to the building from which it was taken. Shortly thereafter it was struck by lightning and burned. The defendant refused to pay plaintiff's claim for the loss, and this suit resulted, and was determined for defendant in the trial court.

In O'Keefe v. Insurance Co., 140 Mo. 558, 41 S. W. 922, 39 L. R. A. 819; Judge Gantt said that "over 30 years ago this...