Reid v. Piedmont & Arlington Life Insurance
Supreme Court of Missouri
Appeal from -St. Louis Circuit Court. I. Tlie application for insurance forms part of the contract, and the statements contained in it are warranties. (Daniels vs. Hudson B. Fire Ins. Co., 12 Cush., 416 ; Loehner vs. Home Mut. Ins. Co., 17 Mo., 255; Miller vs. Mut. Ben. Ins. Co., 81 Iowa, 231; Bliss Life Ins., pp. 53, 54, 55 ; May on Ins., 582.) II.
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Appeal from -St. Louis Circuit Court. I. Tlie application for insurance forms part of the contract, and the statements contained in it are warranties. (Daniels vs. Hudson B. Fire Ins. Co., 12 Cush., 416 ; Loehner vs. Home Mut. Ins. Co., 17 Mo., 255; Miller vs. Mut. Ben. Ins. Co., 81 Iowa, 231; Bliss Life Ins., pp. 53, 54, 55 ; May on Ins., 582.) II. Affirmative warranties are conditions precedent, their truth must be pleaded by the assured, and the burden of proof rests on the plaintiff to show that they have been strictly complied with. (Wilson vs. Hampden Ins. Co., 4 R. I., 159 ; Miller vs.…
1Opinion of the CourtWagner, Judge
Plaintiff, as widow of Thomas J. Reid, brought this action on a policy of life insurance for $3,000 issued by the defendant.
The answer denied that the plaintiff or her husband complied with the conditions of the policy, and set up that the policy was obtained by fraud and misrepresentation in the application upon which it was founded, and-which formed a part thereof; that the misrepresentations consisted of false statements and concealments by Thomas J. Reid, the party insured, in his application, in regard to the condition- of his health at that time and prior thereto, and as to whether or…
2Cases cited1 opinion
- Gibson v. . American Mutual Life Ins. Co.New York Court of Appeals · 1868
3Cited by33 opinions
- Louisville, New Albany & Chicago Railway Co. v. WoodIndiana Supreme Court · 1887
- Chitty v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1899
- Chouquette v. Southern Electric RailroadSupreme Court of Missouri · 1899
- Clark v. Great Northern Railway Co.Washington Supreme Court · 1905
- Clark v. Quality Dairy CompanySupreme Court of Missouri · 1966
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