Frazier v. Metropolitan Life Insurance
Missouri Court of Appeals
Appeal from Audrain Circuit Court. — Hon. James D. Barnett, Judge. (1) The policy provided: “Proofs of death under this policy shall he made upon blanks to be furnished by the company and shall contain answers to each question propounded to the claimant, physician and other persons. All the contents of such proofs of death shall be evidence of the facts therein stated in behalf of, but not ag-ainst the company.”
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Appeal from Audrain Circuit Court. — Hon. James D. Barnett, Judge. (1) The policy provided: “Proofs of death under this policy shall he made upon blanks to be furnished by the company and shall contain answers to each question propounded to the claimant, physician and other persons. All the contents of such proofs of death shall be evidence of the facts therein stated in behalf of, but not ag-ainst the company.” Said proofs were furnished by plaintiff and waived her right to exclude on the trial the testimony of Drs. Strode and Griffin. Western Trav. Ass’n v. Munson, 103 N. W. 688; Modern…
1Opinion of the CourtCaulfield, J.
(after stating the facts). — I. Defendant contends that its peremptory instruction, in the nature of a demurrer to the evidence, should have been given at the close of all the evidence. In making this contention the defendant assumes that its affirmative defense was conclusively established as a matter of law and that there was nothing left for the jury to determine. This assumption is not well founded. The burden of proof as to this defense devolved upon the defendant. [Winn v. Modern Woodmen of America, 157 Mo. App. 1, 137 S. W. 292.] The condition of the policy to which this defense…
2Cases cited9 opinions
- Insurance Co. v. NewtonSupreme Court of the United States · 1875
- Haysler v. OwenSupreme Court of Missouri · 1875
- Salts v. Prudential InsuranceMissouri Court of Appeals · 1909
- Keller v. Home Life InsuranceMissouri Court of Appeals · 1902
- Queatham v. Modern Woodmen of AmericaMissouri Court of Appeals · 1910
4 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Fidelity & Casualty Co. v. MeyerSupreme Court of Arkansas · 1912
- Hurt v. New York Life Ins. Co.Court of Appeals for the Tenth Circuit · 1931
- Rosenblum v. Sun Life Assur. Co. of CanadaWyoming Supreme Court · 1937
- State Ex Rel. John Hancock Mutual Life Insurance v. AllenSupreme Court of Missouri · 1926
- Castens v. Supreme Lodge Knights & Ladies of HonorMissouri Court of Appeals · 1915
9 more not listed; retrieve them via the Exa API.