Horstmann v. Capital Life Insurance
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. Thomas C. Hennings, Judge. (1) Unconditional negotiations for payment of premium after the time is past due, the request of payment of the same, negotiations as to how to meet same so as to avoid a forfeiture for the non-payment of premium, is evidence that the insurer has waived the right to consider the policy of insurance as forfeited and lapsed, and to the contrary is continuing the same in force. 2 Beach, Ins. 753;…
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Appeal from St. Louis City Circuit Court. — Eon. Thomas C. Hennings, Judge. (1) Unconditional negotiations for payment of premium after the time is past due, the request of payment of the same, negotiations as to how to meet same so as to avoid a forfeiture for the non-payment of premium, is evidence that the insurer has waived the right to consider the policy of insurance as forfeited and lapsed, and to the contrary is continuing the same in force. 2 Beach, Ins. 753; Equitable Life Assurance Society v. Ellis, 137 S. W. 184, 152 S. W. 635; Chicago Life Ins. Co. v. Warner, 80 111. 410; Reese…
1Opinion of the CourtAllen, J.
This is a suit upon a policy of insurance issued by the defendant insurance company upon the life of one August Goerts, on August 6, 1909. It appears that Goerts was indebted to plaintiff, an agent and local manager of defendant, and being unable to otherwise secure the indebtedness, he obtained, through plaintiff, this policy for $2000 upon his life, paid the first annual premium thereon, and assigned the policy to plaintiff. The policy in terms provides that an assignment thereof shall not be .binding upon the company until it is filed at the company’s home office. The assignment thereof to…
2Cases cited6 opinions
- Chicago Life Insurance v. WarnerIllinois Supreme Court · 1875
- United Order of Golden Cross v. HooserSupreme Court of Alabama · 1909
- Harvey v. Grand Lodge of Ancient Order of United WorkmenMissouri Court of Appeals · 1892
- Mobile Life Insurance v. PruettSupreme Court of Alabama · 1883
- Patterson v. Equitable Life Assurance SocietySupreme Court of Arkansas · 1914
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Kansas City Life Ins. Co. v. ElmoreCourt of Appeals of Texas · 1920
- Reid v. American National Assurance Co.Missouri Court of Appeals · 1920
- Sovereign Camp W. O. W. v. CameronCourt of Appeals of Texas · 1931
- Wright v. Metropolitan Life InsuranceMissouri Court of Appeals · 1920
- Milam County Mutual Life & Accident Ass'n v. WatsonCourt of Appeals of Texas · 1930
1 more not listed; retrieve them via the Exa API.