Adreveno v. Mutual Reserve Fund Life Ass'n
U.S. Circuit Court for the District of Eastern Missouri
At Law. Action on life insurance policy. Tliis was an action by Giovani B. Adreveno, plaintiff, on a certificate of insurance issued to the son of plaintiff by the Mutual Reserve Fund Life Association, defendant, for the sum of $5,000. Plaintiff was the beneficiary named in the certificate. The defendant relied upon alleged false representations in the application for the certificate as to the previous health and habits of the deceased.
Read the full summary
At Law. Action on life insurance policy. Tliis was an action by Giovani B. Adreveno, plaintiff, on a certificate of insurance issued to the son of plaintiff by the Mutual Reserve Fund Life Association, defendant, for the sum of $5,000. Plaintiff was the beneficiary named in the certificate. The defendant relied upon alleged false representations in the application for the certificate as to the previous health and habits of the deceased. To prove that these representations were false, the defendant offered to introduce the testimony of several physicians, who had attended deceased prior to the…
1Opinion of the Court
Thayer, J.,
(after stating the facts.) I see that the application for the policy contains the following clause:
“And the applicant hereby expressly waives any and all provisions of law now existing, or that may hereafter exist, preventing any physician from disclosing any information acquired in attending the applicant in a professional capacity or otherwise, or rendering him incompetent to testify as a witness in any way whatever. ”
Section 4017, Rev. St. Mo., declares that “the following persons 'shall be incompetent to testify: A physician or surgeon, concerning . any information which he may…
2Cases cited4 opinions
- Carrington v. City of St. LouisSupreme Court of Missouri · 1886
- Grand Rapids & Indiana R. R. v. MartinMichigan Supreme Court · 1879
- Groll v. TowerSupreme Court of Missouri · 1884
- Squires v. City of ChillicotheSupreme Court of Missouri · 1886
3Cited by17 opinions
- Modern Woodmen of America v. AngleMissouri Court of Appeals · 1907
- Lincoln Nat. Life Ins. Co. v. HammerCourt of Appeals for the Eighth Circuit · 1930
- Metropolitan Life Insurance v. WillisIndiana Court of Appeals · 1906
- Western Travelers' Accident Ass'n v. MunsonNebraska Supreme Court · 1905
- National Annuity Ass'n v. McCallSupreme Court of Arkansas · 1912
12 more not listed; retrieve them via the Exa API.