Suess v. Imperial Life Insurance
Missouri Court of Appeals
Appeal from the Carroll Circuit Court. — Hon. Jas. Gibson, Acting Judge. (1) Plaintiff was entitled to have the jury properly instructed, although this court may believe that the result on a new trial would be the same. Cravens v. Gilliam, 63 Mo. 33, latter part of opinion. (2) Plaintiff’s first instruction should have been given.
Read the full summary
Appeal from the Carroll Circuit Court. — Hon. Jas. Gibson, Acting Judge. (1) Plaintiff was entitled to have the jury properly instructed, although this court may believe that the result on a new trial would be the same. Cravens v. Gilliam, 63 Mo. 33, latter part of opinion. (2) Plaintiff’s first instruction should have been given. The Missouri courts have held that the proper measure of «damages for a wrongful forfeiture of a life policy is the amount of premiums paid with interest. McKee v. Ins. Co., 28 Mo. ,383; Tutt v. Ins. Co., 19 Mo. App. 681, and cases cited. Many courts outside of…
1Opinion of the CourtEllison, J.
This action is based on a petition for damages alleged to have occurred to plaintiff., by reason of defendant’s having refused to receive further premiums on a life insurance policy for $3,000, payable to the wife of the insured at his death, and in declaring said policy forfeited. The trial below resulted in a verdict for defendant.
Plaintiff’s appeal is based on an instruction refused for him, which related to the measure of damages, and on the instructions given for defendant over his objection. The facts here necessary to state were, that defendant issued its life policy to plaintiff…
2Cases cited8 opinions
- New York Life Insurance v. StathamSupreme Court of the United States · 1876
- Lovell v. St. Louis Mutual Life InsuranceSupreme Court of the United States · 1884
- McKee v. Phœnix InsuranceSupreme Court of Missouri · 1859
- Alabama Gold Life Insurance v. GarmanySupreme Court of Georgia · 1885
- Braswell v. American Life InsuranceSupreme Court of North Carolina · 1876
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Span v. Jackson-Walker Coal & Mining Co.Supreme Court of Missouri · 1929
- City of Lexington ex rel. Menefee v. Commercial BankMissouri Court of Appeals · 1908
- City of St. Joseph ex rel. Gibson v. ForseeMissouri Court of Appeals · 1905
- Slater v. Supreme Lodge Knights & Ladies of HonorMissouri Court of Appeals · 1898
- Shadley v. Grand Lodge of the Brotherhood of Railroad TrainmenMissouri Court of Appeals · 1923
4 more not listed; retrieve them via the Exa API.