Howe v. Pacific Mutual Life Insurance
Missouri Court of Appeals
Appeal from the Franklin Circuit Court. — Hon. Rudolph Hirzel, Judge. The petition is fatally defective for failure to allege due performance by assured during his lifetime of all the conditions and provisions of the policy. Basye v. Ambrose, 32 Mo. 448; Pier v. Heinrichoffen, 52 Mo. 333; Beckmann v. Ins. Co., 49 Mo. App. 604; Story v. Ins. Co., 61 Mo.
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Appeal from the Franklin Circuit Court. — Hon. Rudolph Hirzel, Judge. The petition is fatally defective for failure to allege due performance by assured during his lifetime of all the conditions and provisions of the policy. Basye v. Ambrose, 32 Mo. 448; Pier v. Heinrichoffen, 52 Mo. 333; Beckmann v. Ins. Co., 49 Mo. App. 604; Story v. Ins. Co., 61 Mo. App. 534; Hart v. Harrison W. Co., 91 Mo. 414; Rohrer v. Oder, 124 Mo. 24; Paddock v. Somes, 102 Mo. 226; Campbell v. Carroll, 35 Mo. App. 640; Weber v. Ins. Co., 5 Mo. App. 51. The limit of plaintiff’s right of recovery, if entitled to recover…
1Opinion of the CourtBland, P. J.
STATEMENT. The appellant is a California life and accident insurance corporation. In August, 1896, one Peter Howe, the son of the respondent, made application to appellant for a life and accident policy. In his application he made certain warranties, among which was the warranty of his occupation, described as carpenter. A policy of insurance was issued to him for $2,000, payable, in case of death caused solely by external, violent or accidental means to respondent in ninety (90) days after proofs of death should be furnished the company. The policy was written to exempt the company from…
2Cases cited7 opinions
- Meadows v. Pacific Mutual Life InsuranceSupreme Court of Missouri · 1895
- Henry v. Wabash Western Railway Co.Supreme Court of Missouri · 1891
- Crow v. Chicago & Alton RailroadMissouri Court of Appeals · 1894
- Meader v. MalcolmSupreme Court of Missouri · 1883
- State v. RichardsonSupreme Court of Missouri · 1893
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3Cited by4 opinions
- McKinney v. NorthcuttMissouri Court of Appeals · 1905
- Demott v. Great Am. Ins. Co. of N.Y.Missouri Court of Appeals · 1939
- Clark v. Brotherhood of Locomotive FiremenMissouri Court of Appeals · 1903
- Mayhew v. Mut. Life of IllinoisMissouri Court of Appeals · 1924