Missouri Court of Appeals, 1902

O'Brien v. Greenwich Insurance

Missouri Court of Appeals · Decided June 9, 1902 · Ellison

95 Mo. App. 301; 68 S.W. 976; 1902 Mo. App. LEXIS 43

Cases that cite this one

5 later published cases cite this decision.

Tiffany v. Queen Insurance Co. of America (Mo. Ct. App. 1918)
Lafont v. Home Insurance (Mo. Ct. App. 1916)
Walton v. Phoenix Insurance (Mo. Ct. App. 1911)
Ward v. Concordia Fire Insurance (Mo. Ct. App. 1924)
Fields v. German American Insurance (Mo. Ct. App. 1909)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

ELLISON, J.

This action is on a policy of fire insurance on personal property. The judgment in the trial court was for plaintiff.

*303The defense here is that the plaintiff was not the sole and unconditional owner of the property. The -evidence disclosed that she was in possession and control thereof, but that she in reality only had title to an undivided interest. This fact was, however, fully known to defendant’s agent and with such knowledge he wrote the policy and defendant accepted the premiums provided for therein. In such circumstances the clause of unconditional ownership must be held not to be sufficient to work a forfeiture. Nixon v. Ins. Co., 69 Mo. App. 351; Overton v. Ins Co., 79 Mo. App. 1; Trust Co. v. Ins. Co., 79 Mo. App. 362; Scott v. Ins. Co. 69 Mo. App. 337; Parsons v. Ins. Co., 132 Mo. 583.

The judgment is affirmed.

All concur.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.