Craig v. Western Life Insurance
Missouri Court of Appeals
Appeal from Monroe Circuit Court. — Hon. David H. Eby, Judge. (1) The presumption is in favor of the propriety of an assessment, and liability on it can be avoided only by showing fraud or gross mistake, of which there was no evidence in this case.
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Appeal from Monroe Circuit Court. — Hon. David H. Eby, Judge. (1) The presumption is in favor of the propriety of an assessment, and liability on it can be avoided only by showing fraud or gross mistake, of which there was no evidence in this case. There was error in refusing defendant’s ninth instruction. 11 Cooley’s Briefs, 967; Insurance Co. v. Groff, 26 Atl. 63; 11 Cooley’s Briefs, 961; Schmidt v. Insurance Co., 106 S. W. 1082; Hannum v. Waddiil, 135 Mo. 162. (2) A mutual company is not required after every loss to compute the assessment necessary to meet the same, but may approximate it…
1Opinion of the CourtGoode, J.
Defendant is an assessment life insurance company organized under the laws of Illinois, and was formerly known as Knights Templars & Masons Life Indemnity Company. Under its original *8name it issued a policy of insurance on March 8, 1889, for $3,000, to William B. Craig, payable to plaintiff, wife of the insured, at his death. Craig died February 13, 1906, having paid all assessments called for to October 1, 1905. As the company refused to pay plaintiff the indemnity, she filed a petition to recover it, alleging compliance with all the conditions of the policy by the insured prior to his death…
2Cases cited7 opinions
- Wingert v. CarpenterMichigan Supreme Court · 1894
- Williams v. St. Louis Life InsuranceSupreme Court of Missouri · 1905
- Planters' Insurance v. ComfortMississippi Supreme Court · 1874
- Pacific Mutual Insurance v. GuseSupreme Court of Missouri · 1872
- Knight v. Supreme CouncilNew York Supreme Court · 1889
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3Cited by2 opinions
- Barber v. Hartford Life InsuranceSupreme Court of Missouri · 1916
- Farmers Mutual Fire Insurance v. MeyerMissouri Court of Appeals · 1932