Aloe v. Mutual Reserve Life Ass'n
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — TIon. Leroy B. Valliant, Judge. (1) The statements and answers in the application are warranties, and the court erred in holding that such statements were only representations. Planford v. Mass. Ben., 122 Mo. 58; Whitmore v. Sup. Lodge, 100 Mo. 47; Jacobs v. Omaha Life, 142 Mo. 49; Haynie v. Knights Templar, 139 Mo. 416; Sparks v. Knights Templar, 61 Mo. App. 109; Theobald v. Supreme Lodge, 59 Mo. App. 87; Richards v. Ins.
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Appeal from St. Louis City Circuit Court. — TIon. Leroy B. Valliant, Judge. (1) The statements and answers in the application are warranties, and the court erred in holding that such statements were only representations. Planford v. Mass. Ben., 122 Mo. 58; Whitmore v. Sup. Lodge, 100 Mo. 47; Jacobs v. Omaha Life, 142 Mo. 49; Haynie v. Knights Templar, 139 Mo. 416; Sparks v. Knights Templar, 61 Mo. App. 109; Theobald v. Supreme Lodge, 59 Mo. App. 87; Richards v. Ins. Oo., 68 Mo. App. 585. (2) The answers and statements in an application for an insurance policy are warranties where: (a) Direct…
1Opinion of the CourtBurgess, J.
— The defendant is a corporation incorporated under the laws of the State of New York, and under its charter its business is limited to insurance on the assessment plan, and having complied with all the requirements of our laws, is authorized to transact business in this State on that plan.
This suit is based upon a policy of insurance issued by the defendant on the thirteenth day of October, 1890, on the life of Albert S. Aloe, in the sum of $5,000, payable to the plaintiff who is the wife of said Albert.
The application for the policy was in writing, and signed by the insured on the third day…
2Cases cited25 opinions
- Moulor v. American Life InsuranceSupreme Court of the United States · 1884
- Carpenter v. Providence Washington InsuranceSupreme Court of the United States · 1842
- Phoenix Life Ins. Co. v. RaddinSupreme Court of the United States · 1887
- Jeffries v. Life InsuranceSupreme Court of the United States · 1875
- Edington v. . Aetna Life Ins. Co.New York Court of Appeals · 1879
20 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Knights Templars' & Masons' Life Indemnity Co. v. JarmanSupreme Court of the United States · 1902
- Keller v. Home Life InsuranceSupreme Court of Missouri · 1906
- Crosse v. Supreme Lodge Knights & Ladies of HonorIllinois Supreme Court · 1912
- Modern Woodmen of America v. AngleMissouri Court of Appeals · 1907
- Aloe v. Fidelity Mutual Life Ass'nSupreme Court of Missouri · 1900
23 more not listed; retrieve them via the Exa API.