Dye v. New York Life Insurance
Missouri Court of Appeals
Appeal from Pemiscot Circuit Court. — Hon. Sterling II. McCarty, Judge. (1) At common, law a return or tender of the premiums paid on the policy was not a condition precedent to the right of the insurer to assert a misrepresentation made in the application as a defense' to an action on the policy.
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Appeal from Pemiscot Circuit Court. — Hon. Sterling II. McCarty, Judge. (1) At common, law a return or tender of the premiums paid on the policy was not a condition precedent to the right of the insurer to assert a misrepresentation made in the application as a defense' to an action on the policy. Kern v. Legion of Honor, 167 Mo. 406; Whit-more v. Knights & Ladies of Honor, 100 Mo. 36; Han-ford v. Ass’n, 122: Mo. 50; Aloe v. Mutual Reserve, 147 Mo. 561; Hermann v. Court of Honor, 193 111. App. 366; Provident Savings Life Assn. v. Whaine, 93 S. W. 1053; Duncan v. Insurance Co., 44 Colo. 472,…
1Opinion of the CourtBradley, J.
This action is on an insurance policy of $1000 on the life of plaintiff’s husband in which policy plaintiff was the beneficiary. The cause was filed in Dunklin county, but went on change of venue to Pemiscot county where trial was had before the court and a jury, and verdict and judgment went for plaintiff for the amount of the policy and for penalty for vexatious delay, and for attorneys’ fee. Defendant filed motion for new trial, which was overruled, and it appealed.
The petition is in the usual form. The defense is alleged misrepresentations of physical conditions ou the part of the…
Also in this document: Concurrence.
2Cases cited10 opinions
- Young v. Pennsylvania Fire InsuranceSupreme Court of Missouri · 1916
- Schuermann v. Union Central Life InsuranceSupreme Court of Missouri · 1901
- Koons v. St. Louis Car Co.Supreme Court of Missouri · 1907
- Stephens v. Metropolitan Life InsuranceMissouri Court of Appeals · 1915
- Manning v. Prudential InsuranceMissouri Court of Appeals · 1919
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3Cited by4 opinions
- Simmons v. Kansas City Jockey ClubSupreme Court of Missouri · 1933
- Pauley v. Business Men's Assurance Co. of AmericaMissouri Court of Appeals · 1924
- Brown v. Supreme Lodge, K. P.Supreme Court of Alabama · 1932
- Smith v. North British & Mercantile InsuranceMissouri Court of Appeals · 1924