Clarkston v. Metropolitan Life Insurance
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — lion. Wilson A. Taylor, Judge. (1) Proofs of death furnished to the insurance company are prima-facie evidence of the facts therein stated, and are conclusive, unless the beneficiary shows that the statements made therein were erroneous, or were given through mistake. Almond v. Modern Woodmen of America, 133 Mo. App. 382; Mutual Benefit Life Ins. Co. v. Newton, 22 Wall. (U. S.) 32; ILassencamp v. Life Ins.
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Appeal from St. Louis City Circuit Court. — lion. Wilson A. Taylor, Judge. (1) Proofs of death furnished to the insurance company are prima-facie evidence of the facts therein stated, and are conclusive, unless the beneficiary shows that the statements made therein were erroneous, or were given through mistake. Almond v. Modern Woodmen of America, 133 Mo. App. 382; Mutual Benefit Life Ins. Co. v. Newton, 22 Wall. (U. S.) 32; ILassencamp v. Life Ins. Co., 120 Fed. 475; Hanna v. Life Ins. Co., 44 N. E. 1099; Walther v. Ins. Co., 65 Cal. 417; Modern Woodmen of America v. Yon Wald, 6 Kan. App.…
1Opinion of the CourtNortoni, J.
This is a suit on a policy of life insurance. Plaintiff recovered and defendant prosecutes the appeal.
The policy in suit is of the industrial character, and was issued in the amount of $231. The insured, having died within six months of its date, under the terms of the policy the amount available thereon is one-half of the maximum agreed to be paid — that is, $115.50. All of the premiums were duly paid, and it appears that the insured died from tuberculosis. Defendant insists that the insured was suffering with this disease at the time the insurance was effected and declined to pay the amount…
2Cases cited10 opinions
- Ellis v. HarrisonSupreme Court of Missouri · 1891
- Rogers v. GosnellSupreme Court of Missouri · 1873
- Whitmore v. TatumSupreme Court of Arkansas · 1891
- Lewis v. Metropolitan Life InsuranceMassachusetts Supreme Judicial Court · 1901
- Wokal v. BelskyAppellate Division of the Supreme Court of the State of New York · 1900
5 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Life Ins. Co. of Virginia v. NewellSupreme Court of Alabama · 1931
- Fendler v. RoySupreme Court of Missouri · 1932
- Terry v. New York Life Ins. Co.Court of Appeals for the Eighth Circuit · 1939
- Metropolitan Life Ins. Co. v. MossCourt of Appeals of Texas · 1937
- Persons v. Prudential Ins. Co. of AmericaSupreme Court of Missouri · 1950
10 more not listed; retrieve them via the Exa API.