Legal Opinion · Dissent

Irelan v. Standard Mutual Association of Cassville

Missouri Court of Appeals

Decided May 28, 1964No. 8264Published

1DissentStone, Judge

I agree with the author of the principal opinion that the language of the insurance certificate “is to be construed” as having the meaning upon which defendant-appellant stands, but I cannot agree that such language is reasonably or fairly susceptible of a different meaning.

The language, on the construction of which the case turns, is: “In the event of the death of the Member named herein, within two years from the date hereof from TUBERCULOSIS, CANCER, HEART DISEASE, or APOPLEXY, or from any chronic disease with which said Member is afflicted AT THE TIME THIS CERTIFICATE IS ISSUED,” the…

2Cases cited16 opinions

  1. Wendorff v. Missouri State Life InsuranceSupreme Court of Missouri · 1927
  2. Central Surety & Insurance v. New Amsterdam Casualty Co.Supreme Court of Missouri · 1949
  3. State Ex Rel. Security Mutual Life Insurance v. AllenSupreme Court of Missouri · 1924
  4. Mickelberry's Food Products Co. v. HaeussermannSupreme Court of Missouri · 1952
  5. State Bank of Poplar Bluff v. Maryland Casualty CompanyCourt of Appeals for the Eighth Circuit · 1961

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