Legal Opinion

McKinney v. Fidelity Mutual Insurance

Supreme Court of Missouri

Decided March 12, 1917PublishedCited by 15 opinions

Appeal from St. Louis City Circuit Court. — Hon. George C. Hitchcock, Judge. The only'question involved in this appeal is whether or not under the terms of the original policy issued to Charles S. McKinney, and payable to plaintiffs, reserving to said McKinney the power, subject to the approval of the company, to change the beneficiary named therein, he could cancel and surrender said policy without the consent of the beneficiaries.

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Appeal from St. Louis City Circuit Court. — Hon. George C. Hitchcock, Judge. The only'question involved in this appeal is whether or not under the terms of the original policy issued to Charles S. McKinney, and payable to plaintiffs, reserving to said McKinney the power, subject to the approval of the company, to change the beneficiary named therein, he could cancel and surrender said policy without the consent of the beneficiaries. (1) Up to á comparatively recent time policies of regular life insurance contained no reservation of the right to change the beneficiary and without that…

1Opinion of the CourtBond, P. J.

*310^ Statement. *309— I. Action on a policy of life insurance to recover amounts totalling thirty thousand dol*310lars, or the commuted value thereof of $21,522. The answer was a general denial and the cause was . -, , , , „■ tried without a jury on an agreed statement ot facts, resulting in a judgment for plaintiffs for $2760, less costs. The plaintiffs appealed.

The agreed statement of facts, in substance, is as follows:

That this case shall be submitted to the court upon an agreed statement of facts and such other testimony as either party may deem material, all objections by .either party to the…

2Cases cited6 opinions

  1. Grigsby v. RussellSupreme Court of the United States · 1911
  2. Mutual Ben. Life Ins. v. SwettCourt of Appeals for the Sixth Circuit · 1915
  3. United States Casualty Co. v. KacerSupreme Court of Missouri · 1902
  4. Blum v. New York Life InsuranceSupreme Court of Missouri · 1906
  5. Hilliard v. Wisconsin Life InsuranceWisconsin Supreme Court · 1908

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3Cited by15 opinions

  1. Homan v. Employers Reinsurance Corp.Supreme Court of Missouri · 1940
  2. Thomson v. ThomsonCourt of Appeals for the Eighth Circuit · 1946
  3. Terry v. New York Life Ins. Co.Court of Appeals for the Eighth Circuit · 1939
  4. Schade v. Western Union Life InsuranceWashington Supreme Court · 1923
  5. Persons v. Prudential Ins. Co. of AmericaSupreme Court of Missouri · 1950

10 more not listed; retrieve them via the Exa API.

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