Bell v. Missouri State Life Insurance
Missouri Court of Appeals
Appeal from Sbelby Circuit Court. — Hon. Hat. M. Shelton, Judge. Where life insurance policies and applications contain stipulations that, the policy shall not take effect unless delivered to the insured while he is in good health, such a stipulation is a condition precedent, and there can be no recovery if the insured is in ill health before the delivery of the policy. Under such circumstances the contract is not consummated. Misselhorn v. Life Assn., 30 Mo.
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Appeal from Sbelby Circuit Court. — Hon. Hat. M. Shelton, Judge. Where life insurance policies and applications contain stipulations that, the policy shall not take effect unless delivered to the insured while he is in good health, such a stipulation is a condition precedent, and there can be no recovery if the insured is in ill health before the delivery of the policy. Under such circumstances the contract is not consummated. Misselhorn v. Life Assn., 30 Mo. App. 589; Kilcullen v. Ins. Co., 108 Mo. App. 61; Noyes v. Ins. Co., 1 Mo. App. 584; Kohen v. Life Assn., 28 Fed. 705; Misselhorn v.…
1Opinion of the CourtNortoni, J.
— This is a suit on a policy of life insurance. The finding and judgment were for plaintiff and defendant prosecutes the appeal. Plaintiff, a minor, sues by her guardian.
The insured, plaintiff’s brother, came to his death at Nogales, Arizona, from an injury received while working as a telegraph lineman. It appears that on. July 17, 1909, the insured, Robert William Bell, made a written application to defendant for a policy of life insurance in the amount of $2000, payable in event of death to his sister, Ruby Pearl Bell. The application was made through defendant’s soliciting agents, Cummings…
2Cases cited5 opinions
- Rhodus v. Kansas City Life InsuranceMissouri Court of Appeals · 1911
- Kilcullen v. Metropolitan Life InsuranceMissouri Court of Appeals · 1904
- Ball v. Royal InsuranceMissouri Court of Appeals · 1908
- Misselhorn v. Mutual Reserve Fund Life Ass'nMissouri Court of Appeals · 1888
- Kelly v. St. Louis Mutual Life InsuranceMissouri Court of Appeals · 1877
3Cited by20 opinions
- Stephens v. Metropolitan Life InsuranceMissouri Court of Appeals · 1915
- National City Bank v. Missouri State Life InsuranceSupreme Court of Missouri · 1933
- American Bankers' Ins. Co. v. ThomasSupreme Court of Oklahoma · 1915
- Coscarella v. Metropolitan Life InsuranceMissouri Court of Appeals · 1913
- Beswick v. National Casualty Co.Missouri Court of Appeals · 1920
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