Hilts v. United States Casualty Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court.—Row. W. M. Kinsey, Judge. (1) Tire court erred in refusing to give tbe two-peremptory instructions, in tbe nature of demurrers, offered by tbe defendant at tbe close of tbe plaintiff’s and at tbe close of tbe entire case, (a) Tbe policy insured only against illnesses commencing after tbe date upon wbicb tbe policy was issued.
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Appeal from St. Louis City Circuit Court.—Row. W. M. Kinsey, Judge. (1) Tire court erred in refusing to give tbe two-peremptory instructions, in tbe nature of demurrers, offered by tbe defendant at tbe close of tbe plaintiff’s and at tbe close of tbe entire case, (a) Tbe policy insured only against illnesses commencing after tbe date upon wbicb tbe policy was issued. Tbe evidence indisputably showed that plaintiff was suffering from tbe bernia prior to tbe date upon which tbe policy was issued, (b) Tbe evidence indisputably showed a breach of warranty in that at tbe time plaintiff applied for…
1Opinion of the CourtAllen, J.
This is an action to recover certain indemnities under a policy of health insurance issued by the defendant to plaintiff on November 7, 1908, providing for an indemnity for certain losses enumerated in the policy caused exclusively and directly by any disease or illness while the policy should be in force. The policy further provided for the payment to plaintiff of a certain amount for loss of time while confined in a hospital or at his residence, etc., and contained the further provision that, if the disease or illness should necessitate any of certain enumerated surgical operations, an…
2Cited by8 opinions
- Mutual Hospital Insurance, Inc. v. KlapperIndiana Court of Appeals · 1972
- Reiser v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1941
- Jacques v. Farmers Lumber & Supply Co.Supreme Court of Iowa · 1951
- National Casualty Co. v. HudsonAlabama Court of Appeals · 1945
- Jackson v. Pacific Mutual Life Insurance Co.Court of Appeals of Kentucky · 1957
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