Gruen v. Standard Life & Accdient Insurance
Missouri Court of Appeals
Appeal from St. Louis County Circuit Court. — Hon. Gustavus A. Wurdemcm, Judge. (1) Proof of the death of the insured within the time required by the provisions of the insurance policy'was waived by defendant’s failure to furnish the same upon notice of his death by the attorney of the beneficiary in the policy and by the denial of any liability thereon by the adjuster and attorney for the company. Cullen v. Insurance Co., 29' Mo.
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Appeal from St. Louis County Circuit Court. — Hon. Gustavus A. Wurdemcm, Judge. (1) Proof of the death of the insured within the time required by the provisions of the insurance policy'was waived by defendant’s failure to furnish the same upon notice of his death by the attorney of the beneficiary in the policy and by the denial of any liability thereon by the adjuster and attorney for the company. Cullen v. Insurance Co., 29' Mo. App. 412; Burridge v. Insurance Co., 211 Mo. 158; Winter v. Knights of Pythias, 96 Mo. App. 1. (2) There is no evidence showing that notice of the cancellation of…
1Opinion of the CourtCaulfield, J.
(after stating the facts). — So far as the trial court’s findings of fact are concerned, they are binding on us, plaintiff not having saved any exceptions to them. [Snuffer v. Karr, 197 Mo. 182, l. c. 188, 94 S. W. 983; Loewen v. Forsee, 137 Mo. l. c. 38, 38 S. W. 712; Freeman v. Hemenway, 75 Mo. App. l. c. 621.] We concur in the trial court’s conclusions of law upon the facts found by it. Undoubtedly the defendant had the right to cancel the policy and the renewal of same, on notice, as provided in the policy, and that, too, without returning the premium for the renewal, none having been…
2Cases cited7 opinions
- Loewen v. ForseeSupreme Court of Missouri · 1897
- Stone v. Franklin Fire Insurance Co. of BostonNew York Court of Appeals · 1887
- Dobyns v. Bay State Beneficiary Ass'nSupreme Court of Missouri · 1898
- Snuffer v. KarrSupreme Court of Missouri · 1906
- Leeper v. Franklin Life InsuranceMissouri Court of Appeals · 1902
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3Cited by4 opinions
- Hutcheson & Co. v. Providence - Washington Insurance Co. of ProvidenceMissouri Court of Appeals · 1960
- State Ex Rel. Winn v. BanksSupreme Court of Missouri · 1940
- Glover v. Kansas City Life InsuranceMissouri Court of Appeals · 1920
- California-Western States Life Ins. Co. v. WilliamsCourt of Appeals of Texas · 1938