Moran v. Franklin Life Insurance
Missouri Court of Appeals
Appeal from St. Louis Circuit Court. — Row. George E. Williams, Judge. (1) The contract in this case is not one of insurance upon the assessment plan because the payment of the promised idemnity is not in any manner or degree dependent upon the collection of an. assessment upon persons holding similar contracts, but is an ordinary whole life policy in which the premium is fixed and level.
Read the full summary
Appeal from St. Louis Circuit Court. — Row. George E. Williams, Judge. (1) The contract in this case is not one of insurance upon the assessment plan because the payment of the promised idemnity is not in any manner or degree dependent upon the collection of an. assessment upon persons holding similar contracts, but is an ordinary whole life policy in which the premium is fixed and level. Hence it is subject to the statute which applies to that form of policies.' Folkens v. Ins. Co., 98 Mo. App. 480; Moore v. Ins. Co., 112 Mo. App. 696; Williams v. Ins. Co., 189 Mo. 70; State ex rel. v.…
1Opinion of the CourtCaulfield, J.
(after stating, the facts). — I. Plaintiff’s case concedes that there was a default in the payment of assessments or premiums, and the policy, by its terms, was void on that account unless the non-forfeiture law of Missouri (Sec. 5856, R. S. 1889) was applicable thereto and operated to extend the insurance from the time of default to the death of the insured. The non-forfeiture law is not applicable if the contract in suit is one of insurance upon the assessment plan. [McCoy v. Bankers’ Life Assn., 134 Mo. *420App. 35, 114 S. W. 551; Smoot v. Bankers’ Life Assn., 138 Mo. App. 438, 120 S. W. 719;…
2Cases cited10 opinions
- McCullough v. Phœnix InsuranceSupreme Court of Missouri · 1893
- Westerman v. Supreme Lodge Knights of PythiasSupreme Court of Missouri · 1906
- Saint Louis Insurance v. KyleSupreme Court of Missouri · 1848
- Hanford v. Massachusetts Benefit Ass'nSupreme Court of Missouri · 1894
- Jacobs v. Omaha Life Ass'nSupreme Court of Missouri · 1898
5 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Kribs v. United Order of ForestersMissouri Court of Appeals · 1915
- Kennedy v. Royal HighlandersNebraska Supreme Court · 1922
- Keen v. Bankers Mutual Life Co.Missouri Court of Appeals · 1936
- Old Reliable Atlas Life Soc. v. LeggettSupreme Court of Missouri · 1954