Lavin v. Empire Life Insurance
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — How. Wm. Zachrits, Judge. (1) The charge that the assured made false statements in his application for the policy in dispute is not sustained, and, even if it were,, it is still incontestable that, unless the matter represented shall have actually contributed to the contingency on which the policy is to become due, it is not deemed material.
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Appeal from St. Louis City Circuit Court. — How. Wm. Zachrits, Judge. (1) The charge that the assured made false statements in his application for the policy in dispute is not sustained, and, even if it were,, it is still incontestable that, unless the matter represented shall have actually contributed to the contingency on which the policy is to become due, it is not deemed material. Sec. 7890, R. S. 1899. And the respondent can not defend on that ground since it has not deposited in court for the benefit of plaintiff the premiums received on the policy in question. Sec. 7891, R. S. 1899;…
1Opinion of the CourtBland, P. J.
The suit was on a policy of life insurance, dated March 8, 1900, for $1,000, issued by the defendant, a New York corporation, on the life of Edward McG-uire, payable to his estate. The defense was that the policy was procured by false and fraudulent representations made by McGuire, in respect to the condition of his health and in respect to his habits at and prior to the date of his application for the insurance and in respect to having obtained other insurance on his life, and for breach of warranties contained in the policy in respect to the same matters.
The issues were submitted to the…
2Cases cited3 opinions
- Kern v. Supreme Council, American Legion of HonorSupreme Court of Missouri · 1902
- Floyd v. Prudential InsuranceMissouri Court of Appeals · 1897
- Thassler v. Herman American Mutual Life Ass'nMissouri Court of Appeals · 1896
3Cited by2 opinions
- Brotherhood of American Yeomen v. ManzArizona Supreme Court · 1922
- Thompson v. Royal Neighbors of AmericaMissouri Court of Appeals · 1910