Legal Opinion

McDermott v. Modern Woodmen of America

Missouri Court of Appeals

Decided January 20, 1903PublishedCited by 28 opinions

Appeal from. Clark Circuit Court — Now. Edwin R. McKee, Judge. (I) Appellant is a fraternal benefit society, as defined by the laws of Missouri, governing such societies. Sec. 1408, R. S. 1899; Brassfield v. M. W. of A., 88 Mo.

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Appeal from. Clark Circuit Court — Now. Edwin R. McKee, Judge. (I) Appellant is a fraternal benefit society, as defined by the laws of Missouri, governing such societies. Sec. 1408, R. S. 1899; Brassfield v. M. W. of A., 88 Mo. App. 208. (2) Any society, corporation or organization coming within the provisions of section 1408, Revised Statutes 1899, and doing business in this State under article 2, chapter 12, Revised Statutes 1899, is not subject to the general insurance laws of Missouri which include sections 7890 and 7891, and appellant issued its benefit certificate under said article…

1Opinion of the CourtGoode, J.

— On March 16, 1901, the appellant, the Modern Woodmen of America, which is a fraternal insurance company (or this case was tried on that theory) organized under the laws of the State- of Illinois, issued a benefit certificate to Robert L. McDermott, in favor of the respondent, Bertie McDermott, for the sum of two thousand dollars. The certificate or policy was issued in Clark county, Missouri, the appellant company having complied with the laws of this State and being entitled to do business in it.

McDermott died in the city of St. Louis October 18, 1901, after a surgical operation intended…

2Cases cited26 opinions

  1. Moulor v. American Life InsuranceSupreme Court of the United States · 1884
  2. Dwight v. . Germania Life Ins. Co.New York Court of Appeals · 1886
  3. Connecticut Mutual Life Insurance v. Union Trust Co.Supreme Court of the United States · 1884
  4. Brown v. Metropolitan Life InsuranceMichigan Supreme Court · 1887
  5. Schwarzbach v. Ohio Valley Protective UnionWest Virginia Supreme Court · 1885

21 more not listed; retrieve them via the Exa API.

3Cited by28 opinions

  1. Metropolitan Life Insurance v. BrubakerSupreme Court of Kansas · 1908
  2. Modern Woodmen of America v. AngleMissouri Court of Appeals · 1907
  3. Miller v. Plains Insurance CompanyMissouri Court of Appeals · 1966
  4. State Ex Rel. National Council of Knights & Ladies of Security v. TrimbleSupreme Court of Missouri · 1922
  5. Pacific Mutual Life Insurance v. GlaserSupreme Court of Missouri · 1912

23 more not listed; retrieve them via the Exa API.

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