Boren v. Brotherhood of Railroad Trainmen
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Eon. James E. Blover, Judge. No proofs of death are required where the defendant denies liability in toto. Weber y. A. O. of Pyramids, 104 Mo. App. 730; Gratin y. Insurance Co., 80 N. Y. 281; Covenant Mutual v. Spies, 114 111. 463.
1Opinion of the CourtEllison, J.
Plaintiff is the widow of Charles Boren, deceased. He took a benefit certificate of insurance from defendant for $1350, dated the 26th- of March, 1904. He died the 14th of September following, and in something more than two and one-half *137years thereafter this action was begun on the certificate. The judgment was for the defendant.
The certificate of insurance required that proofs of death of the assured be made “in accordance with the constitution and by-laws of the brotherhood.” It was shown that section sixty-four of such constitution and by-laws provided that proofs of death should be made…
2Cases cited4 opinions
- Loewenstein v. Queen InsuranceSupreme Court of Missouri · 1910
- Dolan v. Missouri Town Mutual Fire InsuranceMissouri Court of Appeals · 1900
- Bolan v. Fire Ass'nMissouri Court of Appeals · 1894
- Cohn v. Orient InsuranceMissouri Court of Appeals · 1895
3Cited by3 opinions
- Chandler v. John Hancock Mutual Life InsuranceMissouri Court of Appeals · 1914
- Shearlock v. Mutual Life InsuranceMissouri Court of Appeals · 1916
- Doerr v. National Fire InsuranceMissouri Court of Appeals · 1923