Ward v. Concordia Fire Ins. Co.

4 Citing cases

  1. Lumbermens Mutual Insurance Co. v. Edmister

    412 F.2d 351 (8th Cir. 1969)   Cited 15 times
    Ruling that former property owner had no insurable interest for purposes of fire insurance policy

    Under the statute it is clear that an insurance company cannot question the value of the property insured. La Font v. Home Ins. Co., 193 Mo.App. 543, 182 S.W. 1029 (1916); Ward v. Concordia Fire Ins. Co., 218 Mo.App. 98, 262 S.W. 450 (1924). And on a total loss the issue of the measure of damages is put at rest.

  2. Counihan v. Allstate Ins. Co.

    827 F. Supp. 132 (E.D.N.Y. 1993)   Cited 4 times

    Moreover, the rationale behind the requirement of an insurable interest — that wagering contracts are contrary to public policy, see Nelson v. New Hampshire Fire Ins. Co., 263 F.2d 586, 589-90 n. 5 (9th Cir. 1959) — is not offended by allowing what had been believed to be the insured's valid insurable interest to remain valid. E.g., Still v. Travelers Indem. Co., 374 S.W.2d 95 (Sup.Ct.Mo. 1963) (technically defective deed); Ward v. Concordia Fire Ins. Co. of Milwaukee, 218 Mo. App. 98, 262 S.W. 450 (1924) (purchaser from guardian of insane person did not obtain title because of defect in proceedings against insane person). See generally Appleman, Insurance Law and Practice, § 2184.

  3. State ex rel. Missouri Pacific Railroad v. Haid

    59 S.W.2d 690 (Mo. 1933)   Cited 12 times

    dward J. White of counsel. (1) The opinion in this case in holding that the Superior Minerals Company could maintain this suit under the penalty section of the damage act for the death of John Golden is in direct conflict with the following decisions: Oates v. Union Pac. Ry. Co., 104 Mo. 514; Barger v. Hannibal St. J. Railroad Co., 91 Mo. 86; Betz v. Railroad Co., 284 S.W. 455; O'Donnell v. Wells, 21 S.W.2d 762; Park v. Railroad Co., 218 Mo. 524; Longan v. Railway Co., 299 Mo. 561; Freie v. Railway Co., 283 Mo. 457; Barron v. Lead Zinc Co., 172 Mo. 228; Packard v. Railroad Co., 181 Mo. 421; McKenzie v. Mo. Stables, 34 S.W.2d 136. (2) The opinion of the St. Louis Court of Appeals in holding that the Superior Minerals Company was subrogated to the rights of Lucy Golden when the proof showed that the Constitutional Indemnity Company had made all payments to Lucy Golden, is in direct conflict with the following decisions: Matthews v. Switzler, 46 Mo. 301; State v. Daues, 289 S.W. 550; Ward v. Fire Ins. Co., 262 S.W. 450; Ames v. Huse, 55 Mo. App. 422. (3) Plaintiff's petition alleged that it had been paying and is now paying Lucy Golden compensation the sum of $10 a week. It also alleged that it paid $150 burial expenses and $15 for medical aid; that it was bound to pay to Lucy Golden $10 a week for three hundred (300) weeks.

  4. Superior Minerals Co. v. Mo. Pac. R.R. Co.

    227 Mo. App. 1044 (Mo. Ct. App. 1932)   Cited 11 times

    If there is no payment there can be no subrogation, conventional or equitable. State v. Daues, 289 S.W. 550; Ward v. Concordia Fire Ins. Co., 262 S.W. 450; Ames v. Huse, 55 Mo. App. 422; Matthews v. Switzler, 46 Mo. 301. (5) John Golden was guilty of contributory negligence as a matter of law.