White v. Connecticut Mut. Life Ins.
U.S. Circuit Court for the District of Western Missouri
Action by the plaintiff, as administratrix of the estate of her late husband, John H. White, on a policy of insurance, dated October 2d, 1874, upon the life of the said White for the sum of $10,000. The assured was a citizen of Missouri, and the policy was issued and delivered to him in this state. When it was so delivered the act of March 23d, 1874, was in force.
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Action by the plaintiff, as administratrix of the estate of her late husband, John H. White, on a policy of insurance, dated October 2d, 1874, upon the life of the said White for the sum of $10,000. The assured was a citizen of Missouri, and the policy was issued and delivered to him in this state. When it was so delivered the act of March 23d, 1874, was in force. This act is as follows: “Section 1. No misrepresentation made in obtaining or securing a policy of insurance on the life or lives of any person or persons shall be deemed material, or render the policy void, unless the matter…
1Opinion of the Court
DILLON, Circuit Judge.
The statute of March 23d, 1874, is silent as to what shall be the effect if the policy contains conditions in conflict with it. And the policy in suit contains no express reference to the statute, and no express waiver by the assured of its provisions. If the statute applies, the counts of the answer to which the demurrer relates are not sufficient, because there is no averment that the matters misrepresented were material. If the statute does not apply to this contract and control the rights of the plaintiff, the answer is sufficient without such an averment. We have,…
2Cases cited2 opinions
- Farmers & Drovers' Ins. v. CurryCourt of Appeals of Kentucky · 1877
- Emery v. Piscataqua F. & M. Ins.Supreme Judicial Court of Maine · 1864
3Cited by14 opinions
- Penn Mut. Life Ins. v. Mechanics' Savings Bank & Trust Co.Court of Appeals for the Sixth Circuit · 1896
- Cravens v. New York Life InsuranceSupreme Court of Missouri · 1899
- Continental Fire Insurance v. WhitakerTennessee Supreme Court · 1903
- Continental Casualty Co. v. OwenSupreme Court of Oklahoma · 1913
- Schmidt v. Supreme Court United Order of ForestersSupreme Court of Missouri · 1910
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