Kilcullen v. Metropolitan Life Insurance
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Sim. Warwick Hough, Judge. A contract of insurance is complete and binding on both parties where the applicant has paid the amount of premium to the agent of the company, and the company has accepted the application and issued a policy and sent it to its agent to be delivered. Ins. Co. v. Thomson, 22 S. W. 87, 14 Ky. Law 800; Cooper v. Ins.
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Appeal from St. Louis City Circuit Court. — Sim. Warwick Hough, Judge. A contract of insurance is complete and binding on both parties where the applicant has paid the amount of premium to the agent of the company, and the company has accepted the application and issued a policy and sent it to its agent to be delivered. Ins. Co. v. Thomson, 22 S. W. 87, 14 Ky. Law 800; Cooper v. Ins. Co., 7 Nev. 116; Dailey v. Accident Assn., 26 L. R. A. 171; Hallock v. Ins. 'Co., 26 N. Y. 268; Yonge v. Ins. Soc., 30 Fed. (C. C.) 903; Life Ins. Co. v. Ins. Co., 23 Pa. St. 65; Sheldon v. Ins. Co., 25 Coon 207,…
1Opinion of the CourtReyburn, J.
— As the history and theory of this action loom up from the pleadings, although diffuse, they may legitimately be presented, the substantial averments being thus set forth by plaintiff in her petition :
“Plaintiff for her first cause of action states that she is the mother of Sylvester Kilcullen, deceased, that on the second day of April, 1901, Sylvester Kilcullen made application to defendant through its agent, J. Concannon, for a policy of insurance in the sum of one thousand dollars ($1,000), naming this plaintiff as beneficiary; that on the seventh day of April, 1901, acting under…
2Cases cited11 opinions
- James v. Mutual Reserve Fund Life Ass'nSupreme Court of Missouri · 1899
- Cravens v. New York Life InsuranceSupreme Court of Missouri · 1899
- Markey v. Mutual Benefit Life InsuranceMassachusetts Supreme Judicial Court · 1869
- Horton v. New York Life InsuranceSupreme Court of Missouri · 1899
- Reno v. JarrellSupreme Court of Missouri · 1901
6 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Rhodus v. Kansas City Life InsuranceMissouri Court of Appeals · 1911
- Bell v. Missouri State Life InsuranceMissouri Court of Appeals · 1912
- American Bankers' Ins. Co. v. ThomasSupreme Court of Oklahoma · 1915
- McGregor v. Metropolitan Life Ins.Court of Appeals of Kentucky · 1911
- National Life Ass'n v. SpeerSupreme Court of Arkansas · 1914
5 more not listed; retrieve them via the Exa API.