Lierheimer v. Minnesota Mutual Life Insurance
Missouri Court of Appeals
Appeal from Audrain Circuit Court. — Hon. James D. Barnett, Judge. (1) A party who is induced to take out a policy of insurance hy fraudulent representations of the company’s agent may rescind the contract and recover hack the premium paid or he may retain the policy and have damages for the deceit.
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Appeal from Audrain Circuit Court. — Hon. James D. Barnett, Judge. (1) A party who is induced to take out a policy of insurance hy fraudulent representations of the company’s agent may rescind the contract and recover hack the premium paid or he may retain the policy and have damages for the deceit. Hedden v. Griffin, 136 Mass. 226; Morris v. Hutchkins, 102 Mass. 439. It is also held that he need not return the policy as notice of rejection terminated the obligation of the company and there was nothing to return. Paquin v. M'illiken, 163 Mo. 79; Brochus v. Achilling, 52 Mo. App. 81; Liecher…
1Opinion of the CourtBland, P. J.
(after stating the facts.) —1. Plaintiff was evidently denied a recovery upon the ground that he did not act with sufficient promptness in notifying defendant that he repudiated the contract of insur*381anee. Until there was a rescission of the contract of insurance, plaintiff had no cause of action, either for a surrender of the note or for its value; and if he was defrauded and wished to exercise his. right to rescind the contract on account of the fraud, the law required, that he act promptly on the discovery of the same, in giving notice of his rescission. [Clough v. Holden, 115 Mo. 1. c.…
2Cases cited20 opinions
- Flesh v. LindsaySupreme Court of Missouri · 1893
- State v. BurgdoerferSupreme Court of Missouri · 1891
- American Insurance v. NeibergerSupreme Court of Missouri · 1881
- Comer & Co. v. Way & EdmundsonSupreme Court of Alabama · 1894
- Estes v. ReynoldsSupreme Court of Missouri · 1882
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3Cited by4 opinions
- Faith v. Home Life InsuranceMissouri Court of Appeals · 1919
- Connecticut Mutual Life Insurance v. CarsonMissouri Court of Appeals · 1914
- Raker v. Service Life InsuranceMissouri Court of Appeals · 1932
- Fidelity & Casualty Co. v. Dierks Lumber & Coal Co.Missouri Court of Appeals · 1908