O'Laughlin v. Union Central Life Ins.
District Court, E.D. Missouri
This is a suit by the guardian of Eugene and Mary Anne Byrnes, minors, on a policy of insurance upon the life of their mother, for their benefit. The petition states that the mother died on the tenth of January, 1875, and alleges a full compliance with the conditions of the policy by the assured and the plaintiff.
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This is a suit by the guardian of Eugene and Mary Anne Byrnes, minors, on a policy of insurance upon the life of their mother, for their benefit. The petition states that the mother died on the tenth of January, 1875, and alleges a full compliance with the conditions of the policy by the assured and the plaintiff. The answer denies that the assured and plaintiff fully complied with the conditions and requirements of the policy sued on, and alleges that the policy is void because of certain misrepresentations made by the assured to the defendant’s agent when she applied for insurance on her…
1Opinion of the Court
McCrary, C. J.,
(orally.) As I intimated yesterday, this is a question to which, on first impression, I should be inclined to apply the rule which it seems one of the courts of Cincinnati adopted, and that is the bringing of a suit upon a policy within the year, and if there be a nonsuit, a renewal of the action without delay, in compliance with the conditions; and if I were to rule according to my first impression, that would be the decision of the question. But the supreme court of the United States, in the case in 7 Wall., have changed it by unquestionable decisions of the two propositions:…
2Cited by11 opinions
- Mead v. Phœnix InsuranceSupreme Court of Kansas · 1904
- Fey v. I. O. O. F. Mutual Life Insurance Society of PennsylvaniaWisconsin Supreme Court · 1904
- Gallivitoch v. Provident Life & Accident InsuranceCourt of Appeals of Georgia · 1921
- Harrison v. Hartford Fire Ins.U.S. Circuit Court for the Southern District of Iowa · 1894
- The FinlandDistrict Court, E.D. New York · 1929
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