Drucker v. Western Indemnity Co.
Missouri Court of Appeals
Appeal from tlie Circuit Court of the City of St. Louis. —Hon. Thomas G. Hennings, Judge. (1) The defense of misrepresentations is an affirmative one, and, to be available, the following must be averred in the answer, proven by the evidence and embraced in the instructions, namely: (a) That the insured made false representations; (b) that he knew them to be false when made; (c) that said misrepresentations so made concerned a matter which actually contributed to the loss;…
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Appeal from tlie Circuit Court of the City of St. Louis. —Hon. Thomas G. Hennings, Judge. (1) The defense of misrepresentations is an affirmative one, and, to be available, the following must be averred in the answer, proven by the evidence and embraced in the instructions, namely: (a) That the insured made false representations; (b) that he knew them to be false when made; (c) that said misrepresentations so made concerned a matter which actually contributed to the loss; (d) that the insurer did not know that the representations were false; and (e); that if it had known the same, it would…
1Opinion of the Court
This is a suit based upon a combination accident and health policy, which insured the plaintiff against bodily injury or loss effected through accidental means, and also against disability from disease or illness. The schedule of indemnities set forth in the policy provides for the payment of the principal sum of $1500 for loss of life by reason of either of the causes above specified, and further for a weekly accident indemnity of $25, and a weekly illness indemnity of $25. There is a further provision for the payment of hospital expenses, not exceeding $12.50 per week.
The petition is in the…
2Cases cited13 opinions
- Kern v. Supreme Council, American Legion of HonorSupreme Court of Missouri · 1902
- Wampler v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Missouri · 1916
- Laurenzi v. Atlas Ins.Tennessee Supreme Court · 1915
- Metropolitan Life Insurance v. FreedmanMichigan Supreme Court · 1909
- Commercial Life Insurance v. SchroyerIndiana Supreme Court · 1911
8 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Rice v. Shelter Mutual Insurance Co.Supreme Court of Missouri · 2009
- Herbert & Brooner Construction Co. v. GoldenMissouri Court of Appeals · 1973
- Lutsky v. Blue Cross Hospital Service, Inc. of MissouriSupreme Court of Missouri · 1985
- Bellamy v. Pacific Mutual Life Insurance Co.Supreme Court of Missouri · 1983
- State Mut. Life Assur. Co. of Worchester v. DischingerSupreme Court of Missouri · 1953
7 more not listed; retrieve them via the Exa API.