Stephens v. Metropolitan Life Insurance
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. J. Hugo Grimm, 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 W. of A., 133 Mo. App. 382; Mutual Benefit Life Ins. Co. v. Newton, 22 Wall (U. S.) 22; Hassencamp v. Life Ins.
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Appeal from St. Louis City Circuit Court. — Hon. J. Hugo Grimm, 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 W. of A., 133 Mo. App. 382; Mutual Benefit Life Ins. Co. v. Newton, 22 Wall (U. S.) 22; Hassencamp v. Life Ins. Co., 120 Fed. 475; Hanna v. Life Insurance Co., 44 N. E. 1099; Walther v. Insurance Co., 65 Calif. 417; Modern Woodmen of America v. Von Wald, 6 Kan. App. 231; Hart…
1Opinion of the CourtNortoni, J.
This is a suit on a policy of life insurance. Plaintiff recovered and defendant prosecutes the appeal.
It appears the insured, Herman Fink, died on November 30,1909‘ — that is, on the day succeeding the date of the policy — and the questions for consideration arise, first, on a condition contained in the policy to the effect that the company assumed no obligation thereunder unless on said date — that is, the date of the policy — the assured is alive and in sound health; and, second, the effect to be given the attending physician’s certificate contained in the proof of death relating to the…
2Cases cited9 opinions
- Insurance Co. v. NewtonSupreme Court of the United States · 1875
- Salts v. Prudential InsuranceMissouri Court of Appeals · 1909
- Bell v. Missouri State Life InsuranceMissouri Court of Appeals · 1912
- Lynch v. Prudential Insurance Co. of AmericaMissouri Court of Appeals · 1910
- Queatham v. Modern Woodmen of AmericaMissouri Court of Appeals · 1910
4 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Prudential Ins. Co. of America v. SameCourt of Appeals for the D.C. Circuit · 1943
- Thornell v. Missouri State Life Ins.Texas Commission of Appeals · 1923
- Kirk v. Metropolitan Life InsuranceSupreme Court of Missouri · 1935
- Briggs v. United Services Life Insurance CompanySouth Dakota Supreme Court · 1962
- Hicks v. Metropolitan Life InsuranceMissouri Court of Appeals · 1916
23 more not listed; retrieve them via the Exa API.