Stiepel v. German American Mutual Life Ass'n
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court.. — Hon. Leroy B. Valliant, Judge. A provision in an insurance policy, that it shall become null and void for nonpayment of premiums, is for the benefit and protection of the company, and may be waived by it. Hanley v. Life Association of America, 69 Mo. 383; Thompson v. Ins.
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Appeal from the St. Louis City Circuit Court.. — Hon. Leroy B. Valliant, Judge. A provision in an insurance policy, that it shall become null and void for nonpayment of premiums, is for the benefit and protection of the company, and may be waived by it. Hanley v. Life Association of America, 69 Mo. 383; Thompson v. Ins. Co. 52 Mo. 469. While forfeitures, when legally established, will be enforced, they are not favored by the law, and the courts are always ready to seize hold of any circumstances that indicate an election to waive the right of forfeiture. Hartford, etc. Ins. Go. v. Unsell, 144…
1Opinion of the CourtRombauer, P. J.
The plaintiff sued to recover $2,000 as beneficiary of a life insurance policy or certificate, issued by the defendant on the life of her husband. The petition states the contract of insurance, death of the assured, and a general compliance with the provisions of the policy, and prays judgment.
The answer sets up a number of defenses, of which, however, for the purpose of deciding the point arising on this appeal, only the following one is material:
“The said defendant admits that on the twenty-second day of August, 1889, said Julius R. Stiepel, on his written application thereto, was admitted…
2Cases cited5 opinions
- Chicago Life Insurance v. WarnerIllinois Supreme Court · 1875
- Murray v. Home Benefit Life Ass'nCalifornia Supreme Court · 1891
- Stylow v. Wisconsin Odd Fellows Mutual Life InsuranceWisconsin Supreme Court · 1887
- Ronald v. Mutual Reserve Fund Life Ass'nNew York Court of Appeals · 1892
- Schmidt v. Modern Woodmen of AmericaWisconsin Supreme Court · 1893
3Cited by13 opinions
- Carlson v. Supreme Council American Legion of HonorCalifornia Supreme Court · 1896
- Langdon v. KleemanSupreme Court of Missouri · 1919
- Fink v. Lancashire InsuranceMissouri Court of Appeals · 1895
- Frazier v. Metropolitan Life InsuranceMissouri Court of Appeals · 1911
- Silva v. National American Life InsuranceCalifornia Court of Appeal · 1976
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