Coleman v. Northwestern Mutual Life Insurance
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. (1) The beneficiary in a life insurance policy has a vested interest when the insured does not reserve the right to change the beneficiary, and this is particularly true when the policy provides: “It is agreed that the insured has no interest in this policy, the beneficiary being the sole owner thereof.”
Read the full summary
Appeal from St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. (1) The beneficiary in a life insurance policy has a vested interest when the insured does not reserve the right to change the beneficiary, and this is particularly true when the policy provides: “It is agreed that the insured has no interest in this policy, the beneficiary being the sole owner thereof.” Both these facts were true in the instant case, and the policy was payable to the George D. Allen Paper Company, and all premiums were paid by it. Therefore, it could not be assigned without the consent of the company,…
1Opinion of the CourtBlair, J.
Coleman is tnistee in bankruptcy of the estate of the George D. Allen Paper Company.
This is an appeal from an order overruling a motion to set aside a nonsuit taken when the trial court instructed for defendant in an action on a policy of insurance on the life of George D. Allen, president of the George D. Allen Paper Company, which company was the beneficiary in the policy as first issued. The question is whether the evidence required a submission of the case to the jury.
I. ' The policy expressly provided that Allen reserved no right to- change the beneficiary. Under the general rule that…
2Cases cited5 opinions
- Burlingham v. CrouseSupreme Court of the United States · 1913
- Hill v. Rich Hill Coal Mining Co.Supreme Court of Missouri · 1893
- Pacific State Bank v. CoatsCourt of Appeals for the Ninth Circuit · 1913
- Judson v. WalkerSupreme Court of Missouri · 1900
- City of Kansas v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1882
3Cited by9 opinions
- Hecker v. BleishSupreme Court of Missouri · 1928
- Fair Mercantile Co. v. Union-May-Stern Co.Supreme Court of Missouri · 1949
- Grafeman Dairy Co. v. Northwestern BankSupreme Court of Missouri · 1921
- Neville v. D'OenchSupreme Court of Missouri · 1931
- Binswanger v. Employers Liability Assurance Corp.Missouri Court of Appeals · 1930
4 more not listed; retrieve them via the Exa API.