(DOWNLOAD) "Bennco Sales & Salvage v. Gulf Insurance" by Southern District, Division Two Court of Appeals of Missouri # eBook PDF Kindle ePub Free
eBook details
- Title: Bennco Sales & Salvage v. Gulf Insurance
- Author : Southern District, Division Two Court of Appeals of Missouri
- Release Date : January 06, 1988
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
Robert E. Hogan, Judge Plaintiff Bennco Sales and Salvage, Inc., doing business as Bennco Warehouse Foods, Inc., (hereinafter Bennco) brought this action on a fire insurance policy issued by defendant Gulf Insurance Company. The policy insured a building occupied by Bennco and the contents thereof against destruction by fire. A fire loss occurred on January 5, 1986. Proof of loss and demand for payment were made by Bennco, but Gulf refused payment. Bennco then brought this action in two counts and Gulf pleaded the defense of arson. Upon trial, defendant Gulf had a verdict and Bennco appeals. Two points have been briefed. The first is that Instruction No. 8, which submitted the defense of arson, was not supported by substantial evidence. The second point is that the word ""procure,"" which was used in Instruction No. 8, should have been defined for the jury. The general rule in insurance cases is that a plaintiff makes a prima facie case of coverage by establishing issuance and delivery of the insurance policy, payment of the premium, a loss caused by a peril insured against, notice of loss and proof of loss given to the insurer as the policy requires. Nixon v. Life Investors Ins. Co. of America, 675 S.W.2d 676, 679 (Mo.App. 1984). When the insurer relies on an exclusion, such as arson, it has the burden to prove its defense. Nixon v. Life Investors Ins. Co. of America, 678 S.W.2d at 679; Francka v. Fire Ins. Exchange, 668 S.W.2d 189, 190 (Mo.App. 1984). The parties agree that Bennco made a prima facie case. Therefore, the very narrow question to be addressed by the court is whether the evidence, taken most favorably to the defendant, warrants the inference that the fire originated by the act or procurement of the plaintiff.
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