Inez L. Perkins v. Philadelphia Life Insurance Company

I respectfully dissent. I agree that the critical question in this case is whether the life insurance policy was issued to Perkins or to TEC. The majority affirms the district court’s finding that the policy was issued to TEC, a Missouri citizen. I disagree and would hold that the policy was issued to Perkins, a Kansas resident, and that Mo.Rev.Stat. § 376.620 (1978) does not apply to the policy.

Section 376.620 applies to policies “issued ... to a citizen of this state.” Regulation No. 13.11, 4 C.S.R. 190-13.110, of the Missouri Division of Insurance, which implements the statute, requires…