Moore v. Northwestern Life Insurance
Missouri Court of Appeals
Appeal from Saline Circuit Court. — Hon. Samuel Barns, Judge. (1) The Missouri statute is not applicable to the policy in question, (a) Even if applicable there is no showing of any reserve or net value, in fact the testimony shows that the policy had no net value, (b) The statute refers to actual not theoretical value.
Read the full summary
Appeal from Saline Circuit Court. — Hon. Samuel Barns, Judge. (1) The Missouri statute is not applicable to the policy in question, (a) Even if applicable there is no showing of any reserve or net value, in fact the testimony shows that the policy had no net value, (b) The statute refers to actual not theoretical value. (2) If plaintiff’s theory of the statute was correct the maximum to which plaintiff would be entitled would be a paid up whole life policy purchased with the theoretical reserve in question, payable at the death of the insured. Nichols v. Ins. Co., 176 M'o. 855. The amount of…
1Opinion of the CourtBroaddus, P. J.
The plaintiff sues as administrator of the estate of Thomas Folkens, deceased, upon a life insurance policy issued by defendant for the sum of $1,000 payable to the estate of said Folkens within ninety days after the receipt and acceptance at its home office of satisfactory proof of the death of said insured. The policy was issued on the 9th day of December, 1896, and the insured died on the 29th of June, 1903. The insured paid five annual stated premiums of $13.14 endorsed on the back of said policy the last of which was due and .payable December 8, 1901; but thereafter he made no further…
2Cases cited3 opinions
- Cravens v. New York Life InsuranceSupreme Court of Missouri · 1899
- Price v. Connecticut Mutual Life InsuranceMissouri Court of Appeals · 1892
- Folkens v. Northwestern National Life InsuranceMissouri Court of Appeals · 1903
3Cited by7 opinions
- Young v. Railway Mail Ass'nMissouri Court of Appeals · 1907
- Rose v. Franklin Life InsuranceMissouri Court of Appeals · 1910
- New York Life Ins. Co. v. RositzkyCourt of Appeals for the Eighth Circuit · 1930
- Magers v. Northwestern Mutual Life InsuranceSupreme Court of Missouri · 1941
- Haven v. Home InsuranceMissouri Court of Appeals · 1910
2 more not listed; retrieve them via the Exa API.