Jenkins v. Covenant Mutual Life Insurance
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. E. P. Gates, Judge. The court below tried this ease and instructed the jury upon the theory that this Case fell within the provisions of Revised Statutes 1899, section 7890. (a) The statute applies to misrepresentations merely, not to warranties such as those contained in the health certificate.
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Appeal from Jackson Circuit Court. — Hon. E. P. Gates, Judge. The court below tried this ease and instructed the jury upon the theory that this Case fell within the provisions of Revised Statutes 1899, section 7890. (a) The statute applies to misrepresentations merely, not to warranties such as those contained in the health certificate. (b) The statute does not apply to either warranties or representations inducing or constituting a part of the contract of reinstatement; but only to representations made on the issuance of the policy, and the statute, being in derogation of the common law,…
1Opinion of the CourtBuegess, J.
This is an action upon a policy of life insurance for one thousand dollars issued by the defendant company to John H. Jenkins, payable to his wife, Mary Jenkins, the plaintiff, and dated April 24, 1890. The premiums were due semiannually, but he made default in the payment of the one that became due October 24, 1896, and the policy lapsed by reason thereof.
*377On December 12, 1896, the assured applied for reinstatement of his policy, and upon a certificate signed by him in which he stated, “I hereby warrant as the basis of such -reinstatement, that I have not been sick since the issuance of said…
2Cases cited8 opinions
- Brady v. North Western InsuranceMichigan Supreme Court · 1863
- Loehner v. Home Mutual InsuranceSupreme Court of Missouri · 1852
- Mers v. Franklin InsuranceSupreme Court of Missouri · 1878
- Schuermann v. Union Central Life InsuranceSupreme Court of Missouri · 1901
- Aloe v. Mutual Reserve Life Ass'nSupreme Court of Missouri · 1899
3 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Mathews v. Modern Woodmen of AmericaSupreme Court of Missouri · 1911
- Keller v. Home Life InsuranceSupreme Court of Missouri · 1906
- Hurt v. New York Life Ins. Co.Court of Appeals for the Tenth Circuit · 1931
- Salts v. Prudential InsuranceMissouri Court of Appeals · 1909
- State Ex Rel. Metropolitan Life Insurance v. ShainSupreme Court of Missouri · 1933
17 more not listed; retrieve them via the Exa API.