Bathe v. Metropolitan Life Insurance
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Non. David N. Blair, Judge. (1) The stipulation in the policy that “No obligation is assumed by the company prior to the date' hereof nor unless on said date the insured is alive and in sound health,” is binding on the parties, and is equivalent to a warranty of the sound health of the insured at the time of the delivery of the policy and' is a condition precedent to the liability of the defendant.
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Appeal from Jasper Circuit Court. — Non. David N. Blair, Judge. (1) The stipulation in the policy that “No obligation is assumed by the company prior to the date' hereof nor unless on said date the insured is alive and in sound health,” is binding on the parties, and is equivalent to a warranty of the sound health of the insured at the time of the delivery of the policy and' is a condition precedent to the liability of the defendant. Thompson v. Insurance Co. (N. D.), 101 N. W. 900; Powers v; Association, 50 Yt. 637. (2) The burden is upon the plaintiff to make out his ease. That if in the…
1Opinion of the CourtNixon, P. J.
Appellant, on April 5, 1909, issued to one Della Bathe, a policy of insurance on her life, for the benefit of her husband, the respondent, by the terms of which appellant agreed to pay on the proof of her death, $276, or one-half of that sum if she died within six months after the date of the policy. She died on July 28, 1909, according to the statement of the attending physician in the death proofs, of “(1) chief or primary, consumption, (2) contributing or secondary.” On proof of death being made and appellant refusing to pay, respondent brought suit in a justice’s court on the policy, the…
2Cases cited3 opinions
- Glover v. HendersonSupreme Court of Missouri · 1894
- Stephens v. Fire Ass'nMissouri Court of Appeals · 1909
- State ex rel. Kennan v. Fidelity & Deposit Co.Missouri Court of Appeals · 1902
3Cited by6 opinions
- National Life & Accident Ins. v. EddingsTennessee Supreme Court · 1949
- Turner v. National Benevolent SocietyMissouri Court of Appeals · 1930
- Patton v. Women of WoodcraftOregon Supreme Court · 1913
- Ranney v. LewisMissouri Court of Appeals · 1914
- Turner and Phillippe v. Cent. Mut. Ins. Assn.Missouri Court of Appeals · 1944
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