Parsons v. Knoxville Fire Ins. Co.
| Decision Date | 03 March 1896 |
| Citation | 132 Mo. 583,34 S.W. 476 |
| Parties | PARSONS et al. v. KNOXVILLE FIRE INS. CO. |
| Court | Missouri Supreme Court |
1. In an action on an insurance policy, which provided that, if the insured did not own the land on which the insured building was situated, the policy should be void, unless such fact appeared in writing thereon, it appeared that plaintiff did not, in his application, claim to own the land, and that defendant's agent knew at the time the policy was issued that plaintiff did not own it. Held, that defendant was estopped to claim a forfeiture for breach of such stipulation, though the policy provided that a waiver of any conditions thereof by the agent should be indorsed thereon. 31 S. W. 117, affirmed.
2. An agent of an insurance company, who has authority to issue and countersign policies, may strike out parts of a provision in regard to the keeping of a set of books "locked in a fire-proof safe" at night, on objection thereto by the proposed insurer. 31 S. W. 117, affirmed.
In banc. Appeal from circuit court, Mercer county.
Action by W. E. Parsons & Son against the Knoxville Fire Insurance Company to recover on a fire insurance policy. From a judgment for plaintiffs, defendant appeals. Affirmed in division, and transferred to court in banc. Affirmed.
For opinion in division, see 31 S. W. 117.
On rehearing in banc. The judgment of the circuit court is affirmed as directed in the foregoing opinion (31 S. W. 117) handed down in division No. 1.
MACFARLANE, BURGESS, and ROBINSON, JJ., dissenting.
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