Lavelle v. Metropolitan Life Insurance
Missouri Court of Appeals
Appeal from the Circuit Court of the City of St. Louis. —PLon. J. Hugo Grimm, Judge. (1) There is no evidence in this case tending to establish that the incontestability stipulation was inserted pursuant to the Illinois statute. Nor is there any evidence tending to show that, absent the statute, the stipulation would have been differently worded. And said stipulaion is more liberal than the statute. The legislature of the State of Illinois had the power to enact the statute.
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Appeal from the Circuit Court of the City of St. Louis. —PLon. J. Hugo Grimm, Judge. (1) There is no evidence in this case tending to establish that the incontestability stipulation was inserted pursuant to the Illinois statute. Nor is there any evidence tending to show that, absent the statute, the stipulation would have been differently worded. And said stipulaion is more liberal than the statute. The legislature of the State of Illinois had the power to enact the statute. It violates neither the State nor National Constitution. Cravens v. Ins. Co., 148 Mo. 583, affirmed 178 H. S. 389. The…
1Opinion of the Court
The appeal in this case was taken to the Supreme Court on the ground that a constitutional question was involved. That Court in an opinion reported in 231 S.W. 616, held that there was no valid constitutional question presented by the record, that they were without jurisdiction, and hence the cause was transferred here for determination.
The action is based upon an insurance policy dated June 30, 1909, in the sum of $500, which insured the life of John Lavelle, and named the plaintiff his widow as beneficiary. The insured died on March 18, 1910, and this suit was instituted before a justice of…
2Cases cited6 opinions
- Royal Circle v. AchterrathIllinois Supreme Court · 1903
- Monahan v. Metropolitan Life InsuranceIllinois Supreme Court · 1918
- Ramsey v. Old Colony Life InsuranceIllinois Supreme Court · 1921
- Weil v. Federal Life InsuranceIllinois Supreme Court · 1914
- Hardy v. Phoenix Mutual Life InsuranceSupreme Court of North Carolina · 1920
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Northwestern Mut. Life Ins. v. PickeringCourt of Appeals for the Fifth Circuit · 1923
- Harrison v. Provident Relief Ass'nSupreme Court of Virginia · 1925
- Prudential Insurance Co. of America v. PrescottSupreme Court of Florida · 1937
- New York Life Ins. Co. v. HurtCourt of Appeals for the Eighth Circuit · 1929
- Repala v. John Hancock Mutual Life InsuranceMichigan Supreme Court · 1924
8 more not listed; retrieve them via the Exa API.