Elliott v. Safety Fund Life Ass'n
Missouri Court of Appeals
Appeal from the Howard Circuit Court. — Hon. J. A. Hockaday, Judge. (1) The defendant company then being an insurance company authorized by law to do an insurance business on the assessment plan, the only other question arising in the case is, was the contract between Coda M. Elliott and the defendant “a contract of insurance on the assessment plan.”
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Appeal from the Howard Circuit Court. — Hon. J. A. Hockaday, Judge. (1) The defendant company then being an insurance company authorized by law to do an insurance business on the assessment plan, the only other question arising in the case is, was the contract between Coda M. Elliott and the defendant “a contract of insurance on the assessment plan.” R. S. 1889, sec. 6860. (2) The “Certificate of Membership,” “Application,” and the by-laws of the defendant corporation constitute the contract of insurance. Mulroy v. Knights, ‘28 Mo. App. 471,472; Coleman v. Knights, 18 Mo. App. 189; Borgraefe…
1Opinion of the CourtEllison, J.
This action is based on a policy or certificate of life insurance whereby defendant agreed to pay to plaintiff the sum of $2,000 upon the death of Goda M. Elliott. The judgment in the circuit court was for plaintiff.
statement. There is a provision in the policy whereby nothing should be due to the plaintiff if said Coda should commit suicide within three years after the 0£ the policy. She did commit suicide within that time and the question is, can this provision in the policy be invoked by defendant as a defense to the action? The answer to this question depends upon whether the defendant is…
2Cases cited3 opinions
- Hanford v. Massachusetts Benefit Ass'nSupreme Court of Missouri · 1894
- Davidson v. Old People's Mutual Benefit SocietySupreme Court of Minnesota · 1888
- Thassler v. Herman American Mutual Life Ass'nMissouri Court of Appeals · 1896
3Cited by11 opinions
- Goodson v. National Masonic Accident Ass'nMissouri Court of Appeals · 1902
- Smoot v. Bankers Life Ass'nMissouri Court of Appeals · 1909
- Miller v. Missouri State Life InsuranceMissouri Court of Appeals · 1913
- New York Life Ins. Co. v. StreetCourt of Appeals of Texas · 1924
- Insurance Co v. . Harrison-Wright Co.Supreme Court of North Carolina · 1935
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