Legal Opinion

Welsh v. Chicago Guaranty Fund Like Society

Missouri Court of Appeals

Decided May 29, 1899PublishedCited by 5 opinions

Appeal from the Vernon Circuit Court. — Hon. D. P. Stratton, Judge. (1) Insurance companies in their contracts may impose any conditions not prohibited by law and unless the imposed conditions are assented to and complied with the contracts never take effect. Dumas v. Ins. Co., 40 L. E. A. 358 (Dist. Columbia Court of Appeals); Ins. Co. v. Ewing, 92 H. S. 377; Giddings v. Ins.

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Appeal from the Vernon Circuit Court. — Hon. D. P. Stratton, Judge. (1) Insurance companies in their contracts may impose any conditions not prohibited by law and unless the imposed conditions are assented to and complied with the contracts never take effect. Dumas v. Ins. Co., 40 L. E. A. 358 (Dist. Columbia Court of Appeals); Ins. Co. v. Ewing, 92 H. S. 377; Giddings v. Ins. Co., 102 U. S. 108. (2) Insurance companies may rightfully impose in their original policies or in renewals of the same the condition that the insured shall be in life and health when it is delivered and if not so the…

1Opinion of the CourtSmith, P. J.

statement. This is an action on a life insurance policy. On tbe first day .of February, 1898, Clara Welsh was tbe owner of a life insurance policy for $1,000, which bad been issued her for tbe benefit of plaintiff by the Bankers’ Alliance of tbe state of California, on which tbe dues were paid to April 15, following. Some time prior to February 5, 1898, tbe Bankers’ Alliance, finding itself in anynsolvent condition, entered into an arrangement by which tbe defendant was to reinsure such of its policy holders as were in good health.

Pursuant to this arrangement tbe defendant, on the day . and…

2Cases cited2 opinions

  1. City of St. Joseph ex rel. Danaher v. DillonMissouri Court of Appeals · 1895
  2. Probst v. Insurance Co. of North AmericaMissouri Court of Appeals · 1896

3Cited by5 opinions

  1. Hays v. General Assembly American Benevolent Ass'nMissouri Court of Appeals · 1907
  2. Knights Templars & Masons Life Indemnity Co. v. VailIllinois Supreme Court · 1903
  3. Keeton v. National UnionMissouri Court of Appeals · 1914
  4. Glaser v. Williamsburg City Fire InsuranceIndiana Court of Appeals · 1920
  5. Meyn v. Ætna Life Ins.District Court, W.D. Missouri · 1942

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