Rose v. Missouri State Life Insurance
Missouri Court of Appeals
Appeal from Lincoln Circuit Court. — Eon. James D. Barnett, Judge. (1) The nonforfeiture law is not applicable because only one premium was paid on the policy sued on, and the nonforfeiture law (Sec. 7897, R. S. 1899) is, by its letter, applicable only when three premiums have been paid on the policy to which it is sought to be applied.
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Appeal from Lincoln Circuit Court. — Eon. James D. Barnett, Judge. (1) The nonforfeiture law is not applicable because only one premium was paid on the policy sued on, and the nonforfeiture law (Sec. 7897, R. S. 1899) is, by its letter, applicable only when three premiums have been paid on the policy to which it is sought to be applied. (2) If the policy is treated as a policy on which eleven full premiums have been paid, then the nonforfeiture law is applicable and the commands of that law must be followed, but the nonforfeiture law expressly provides that three-fourths of the net value of…
1Opinion of the CourtNortoni, J.
This is a suit on a policy of life insurance. Plaintiff recovered and defendant prosecutes the appeal.
The questions for consideration are two in number and relate to the propriety of the application of the nonforfeiture insurance statute, to the end of affirming extended insurance under the policy in suit and, furthermore, as to whether or not a deduction of a loan on account of past premiums should be made from the net value of the policy in event the policy is declared to be one to which the net reserve is available for the purposes of extended insurance. Though, the present policy clearly…
2Cases cited4 opinions
- Smith v. Mutual Benefit Life InsuranceSupreme Court of Missouri · 1903
- Horton v. New York Life InsuranceSupreme Court of Missouri · 1899
- Burridge v. New York Life InsuranceSupreme Court of Missouri · 1908
- Rose v. Franklin Life InsuranceMissouri Court of Appeals · 1910
3Cited by5 opinions
- Higgins v. Sovereign Camp, W. O. W.Supreme Court of Alabama · 1932
- Short's Administratrix v. Reserve Loan Life InsuranceCourt of Appeals of Kentucky · 1917
- Reserve, Etc., Life Ins. Co. v. BrammerIndiana Court of Appeals · 1925
- Pope v. New York Life InsuranceMissouri Court of Appeals · 1916
- Boulware v. Missouri State Life InsuranceMissouri Court of Appeals · 1913