Legal Opinion

Applegate v. Travelers Insurance

Missouri Court of Appeals

Decided November 10, 1910PublishedCited by 15 opinions

Appeal from St. Louis City Circuit Court. — Eon. Hugo Muench, Judge, (1) The policy sued on expressly provides that, in the event óf death by poison, the company shall pay but one-tenth of the amount otherwise payable.

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Appeal from St. Louis City Circuit Court. — Eon. Hugo Muench, Judge, (1) The policy sued on expressly provides that, in the event óf death by poison, the company shall pay but one-tenth of the amount otherwise payable. It was entirely competent for the insured and insurer to contract for an indemnity of one amount for death or injuries resulting from certain causes, and for a different amount where death or injury is due to other causes, or the accident happens under specified circumstances, or at designated places. McAndiless t. Insurance Co., 45 Mo. App. 578; Mossop v. Continental Casualty…

1Opinion of the CourtReynolds, P. J.

(after stating the facts). — The brief submitted to us along with the argument in this case by the learned counsel for the appellant, -while containing no formal assignments of error, makes four propositions: First, that it "was entirely competent for the insured and insurer to contract for an indemnity of one amount for death or injuries resulting from certain causes and for a different amount wdiere death or injury is due to other causes, or the accident happens under specified circumstances or at designated places. Second, that section 7896, of the Statutes of 1899, now section 6945,…

2Cases cited38 opinions

  1. Yick Wo v. HopkinsSupreme Court of the United States · 1886
  2. Ex Parte VirginiaSupreme Court of the United States · 1880
  3. Virginia v. RivesSupreme Court of the United States · 1880
  4. Hooper v. CaliforniaSupreme Court of the United States · 1895
  5. Neal v. DelawareSupreme Court of the United States · 1881

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3Cited by15 opinions

  1. State v. ChiarelloNew Jersey Superior Court Appellate Division · 1961
  2. Reiser v. SimonNew Jersey Superior Court Appellate Division · 1960
  3. Continental Casualty Co. v. AgeeCourt of Appeals for the Eighth Circuit · 1924
  4. New York Life Insurance v. WestSupreme Court of Colorado · 1938
  5. Rollins v. Business Men's Accident Ass'n of AmericaMissouri Court of Appeals · 1920

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