79 Mo. App. 485 | Mo. Ct. App. | 1899
This action is on a fire insurance policy. Plaintiff recovered in the trial court.
The evidence disclosed that the application signed by plaintiff contained false statements as to the amount of incumbrances on the property, and as to the cash value of the property. It also made a false statement as to the chimneys — stating they were built from the ground up, when in fact, they were built from -the upper joist. On the margin of the application was printed, in large type: “We do not insure property where stovepipe enters brick chimney from the bottom, as they are very dangerous.”
The printed matter here was not like that in Mensing v. Ins. Co., 36 Mo. App. 602. There the agent’s authority was limited to the insurance of “farmhouses, barns, and outbuildings; private dwellings and private barns in towns” and “no authority is given any agent to take any application on any other class of property.” In the face of this, the agent insured a boarding house and saloon.
The case here is unlike that of Shoup v. Ins. Co., 51 Mo. App. 286, and Lama v. Ins. Co., 51 Mo. App. 447; there the limitation of agents’ authority was in the application and policy. The policy provided that it should be void if the assured “has” made the misrepresentations. This, and other portions of the policy, refers to the applications. The policy also refers to certain conditions of title and stipulates that if they are otherwise than as represented the policy shall be void. The wording of the terms of the applications and policies in the Shoup and Lama and Mensing
Some objections are made to the court’s modifying defendant’s instructions but no exceptions seemed to have been saved.
After a full examination of the record we conclude the judgment should be affirmed.