Suess v. Imperial Life Insurance
Missouri Court of Appeals
Appeal from the Carroll Circuit Court. — Hon. Jas. Gibson, Acting Judge. (1) Plaintiff was entitled to have the jury properly instructed, although this court may believe that the result on a new trial would be the same. Cravens v. Gilliam, 63 Mo. 33, latter part of opinion. (2) Plaintiff’s first instruction should have been given.
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Appeal from the Carroll Circuit Court. — Hon. Jas. Gibson, Acting Judge. (1) Plaintiff was entitled to have the jury properly instructed, although this court may believe that the result on a new trial would be the same. Cravens v. Gilliam, 63 Mo. 33, latter part of opinion. (2) Plaintiff’s first instruction should have been given. The Missouri courts have held that the proper measure of «damages for a wrongful forfeiture of a life policy is the amount of premiums paid with interest. McKee v. Ins. Co., 28 Mo. ,383; Tutt v. Ins. Co., 19 Mo. App. 681, and cases cited. Many courts outside of…
1Opinion
ON MOTION NOE EEHEAEING-.
Ellison, J.
It is a mistake to say that the language of the supreme court in McKee v. Ins. Co., 28 Mo. 383, in regard to the measure of damages, as here contended for, had not been argued and was an obiter dictum. There were two points decided in that case: one, that where the policy having been obtained for the benefit of the wife, it was not terminated by the divorce of the wife. The other was that the insurance company having wrongfully refused to continue to receive premiums, the wife could treat the policy as at an end and recover back the premiums paid with…
2Cases cited2 opinions
- McKee v. Phœnix InsuranceSupreme Court of Missouri · 1859
- Rumbold v. Penn Mutual Life InsuranceMissouri Court of Appeals · 1879