M. F. A. Mut. Ins. Co. v. Quinn

• Decision Date: 13 October 1952
• Docket Number: No. 1,No. 42700,42700,1
• Citation: 251 S.W.2d 633
• Parties: M. F. A. MUT. INS. CO. v. QUINN et al
• Court: Missouri Supreme Court

Page 633

251 S.W.2d 633

M. F. A. MUT. INS. CO. v. QUINN et al.

No. 42700.

Supreme Court of Missouri, Division No. 1.

Oct. 13, 1952.

Ralph L. Alexander, Warren W. Welliver, Columbia, Howard B. Lang, Jr., Columbia, Alexander, Ausmus, Harris & Welliver, Columbia, of counsel, for appellant.

Sapp & Bear, William H. Sapp, Columbia, for respondents Charles and Raymond Quinn.

Peterson & Nelson, Paul M. Peterson, Will L. Nelson, Columbia, for respondents John Marvin McAdam and others.

Howard F. Major, Columbia, for respondent William K. McJilton.

LOZIER, Commissioner.

Plaintiff-appellant insurance company (herein called plaintiff) sought a declaratory judgment that its automobile liability policy No. 1-35435 was not in force and effect at the time of an automobile collision on the morning of January 13, 1950. The automobiles involved were a truck owned by defendant-respondent Charles Quinn and driven by his son, defendant-respondent Raymond Quinn, and a car owned and driven by defendant-respondent William K. McJilton. The three other defendants-respondents were occupants of the McJilton car. Judgment was for defendants and plaintiff appeals.

Paragraph 2 of plaintiff's petition alleged: The issuance in June, 1949, of the policy, 'effective June 29, 1949, to December 29, 1949,' upon the truck, to Charles Quinn as 'insured'; that under the policy 'plaintiff agreed to pay on behalf of the insured all sums which the insured should become obligated to pay by reason of liability imposed upon the insured by law for damages * * * because of bodily injury sustained by any person or persons, caused by accident arising out of the ownership, maintenance or use of' the truck; 'that said policy provided that the limit of plaintiff's liability for all damages * * * arising out of bodily injury to one person in any one accident was $10,000 and for bodily injury to two or more persons in any one accident was $20,000 and for damages to property of others in any one accident was $5,000; said policy provided that the unqualified word 'insured' whereever used therein included not only the named insured but also any person legally responsible for the use of said truck, provided the actual use was with the permission of the named insured; said policy further provided that plaintiff should pay to the named insured damages to said truck arising out of collision in the amount of the actual damages caused by said collision, less the sum of fifty dollars ($50.00); said policy also provided that plaintiff should defend in the name and in behalf of the insured any suit alleging such injury, and seeking damages on account thereof, even if such suit be groundless, false or fraudulent.'

The petition alleged that plaintiff had extended the policy for ten days, that Quinn failed to reinstate the policy within such period and that the policy expired January 8, 1950; that on January 13, 1950, after the collision, Quinn paid a $36.15 premium to plaintiff's 'part time soliciting agent' who forwarded it to plaintiff; that plaintiff received the $36.15 the same day and on January 16, 1950, mailed Quinn a receipt therefor; and that on January 16, 1950, plaintiff notified Quinn that the policy was not in force at the time of the collision, that plaintiff would not 'reinstate' the policy and tendered Quinn the $36.15, which tender Quinn refused.

Paragraph 7 was: 'Plaintiff states that claims have been made by the defendants [naming the four occupants of the McJilton car] against the defendants Charles Quinn and Raymond Quinn for damages growing out of said collision and said defendants Charles Quinn and Raymond Quinn have notified plaintiff of said claims for damages and have requested plaintiff to entertain and recognize said claims because said defendants Charles Quinn and Raymond Quinn claim and assert that plaintiff's said policy of...