72 Mo. App. 188 | Mo. Ct. App. | 1897
This is a suit on an insurance policy covering a small one story frame house in the town of Laredo, insured in the sum of $400, and $50 on barber’s tools, furniture, etc., contained in a room of the building used as a barber’s shop. Plaintiff recovered in the lower court and defendant appealed.
This instruction is based on a late statute of this state found in the session acts of 1895 at page 195. But defendant’s counsel contend that said statute has no application to these town mutual insurance companies, the class to which the defendant belongs. The position of counsel is not tenable. The exemption before alluded to (Laws 1895, p. 200) goes only to “the provisions of the insurance laws as mentioned in chapter 89” of the revision of 1889, while the statute relating to the waiver of proofs of loss, as above cited, was not passed until 1895, and by its terms applies to all insurance companies. It is an entirely new statute, is not an amendment even of any provision of chapter 89, and therefore does not belong to that chapter. Plaintiff’s instruction number 8 therefore properly declared the law.