Hayes v. Continental Casualty Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — How. James Gibson, Judge. (1) Where the contract of insurance provides that the amount shall be payable after ‘ ‘ due notice and proof thereof,” no action can be maintained until after the notice is given and the required proof furnished; for the liability of the insurer does not become absolute unless the preliminary proof, as required by the conditions of the contract of insurance, is obtained.
Read the full summary
Appeal from Jackson Circuit Court. — How. James Gibson, Judge. (1) Where the contract of insurance provides that the amount shall be payable after ‘ ‘ due notice and proof thereof,” no action can be maintained until after the notice is given and the required proof furnished; for the liability of the insurer does not become absolute unless the preliminary proof, as required by the conditions of the contract of insurance, is obtained. Bacon on Benefit Societies and Life Insurance, sec. 410; Burn-ham v. Ins. Co., 75 Mo. App. 399; Cohn v. Ins. Co., 62 Mo. App. 276; Albers v. Ins. Co., 68 Mo-.…
1Opinion of the CourtBroaddus, J.
This is an áction on a policy of insurance against accident and sickness made by the Northwestern Benevolent Society to the plaintiff on the 16th day of June, 1900. The defendant is the successor of said Northwestern Benevolent Society. By said policy the plaintiff was insured against loss by accident or sickness and in case of immediate or total disability by reason of injury suffered by him, so as to cause total loss of time and wholly prevent him from attending to or engaging in any business or occupation, a benefit of forty dollars per month, or at that rate for any part of a month should…
2Cases cited5 opinions
- Harrison v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1881
- McFarland v. United States Mutual Accident Ass'nSupreme Court of Missouri · 1894
- Whittemore v. SillsMissouri Court of Appeals · 1898
- Hoffman v. Manufacturers' Accident Indemnity Co.Missouri Court of Appeals · 1894
- Davis' Adm'r v. SmithSupreme Court of Missouri · 1852
3Cited by11 opinions
- Missouri State Life Ins. Co. v. Le FevreCourt of Appeals of Texas · 1928
- Hayes v. the Equitable Life Assurance Soc.Missouri Court of Appeals · 1941
- Levan v. Metropolitan Life Ins. Co.Supreme Court of South Carolina · 1927
- North American Accident Insurance v. WatsonCourt of Appeals of Georgia · 1909
- Roseberry v. American Benevolent Ass'nMissouri Court of Appeals · 1909
6 more not listed; retrieve them via the Exa API.