Buchholz v. Metropolitan Life Insurance
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court.—Hon. W. B. Homer, 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. Modem Woodmen of America, 133 Mo. App. 382; Mutual Benefit Life Ins. Co. v. Newton, 22 Wall 32; Hassencamp v. Life Ins.
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Appeal from St. Louis City Circuit Court.—Hon. W. B. Homer, 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. Modem Woodmen of America, 133 Mo. App. 382; Mutual Benefit Life Ins. Co. v. Newton, 22 Wall 32; Hassencamp v. Life Ins. Co., 120 Fed. 475; Hanna v. Life Insurance Co., 44 N. E. 1099; Walther v. Insurance Co., 65 Cal. 417; Modern Woodmen of America v. Yon Wald, 6 Kans. App. 231; Hart…
1Opinion of the CourtReynolds, P. J.
This action was begun before a justice of the peace in the city of St. Louis, on August 9, 1910', upon a policy of insurance issued by the defendant company which is in the usual form of such policies; they have been before this court in several cases so that it is unnecessary to set them out. Plaintiff, before the justice, filed a statement setting out the issue of the policy, that it was in her favor, as wife of Gustav Buchholz, the insured, and that at the time of his death, which occurred May 5, 1910; the policy was in full force, all conditions having been duly performed by the deceased…
2Cases cited1 opinion
- Jones v. Prudential Insurance Co. of AmericaMissouri Court of Appeals · 1913
3Cited by8 opinions
- Chism v. CowanSupreme Court of Missouri · 1967
- Misskelley v. Home Life Insurance Co.Supreme Court of North Carolina · 1933
- Edmisten v. DousetteMissouri Court of Appeals · 1960
- Bruck v. John Hancock Mutual Life InsuranceMissouri Court of Appeals · 1916
- Dodt v. Prudential Insurance Co. of AmericaMissouri Court of Appeals · 1914
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