State Ex Rel. Continental Life Insurance v. Allen
Supreme Court of Missouri
Certiorari. (1) The provision in the policy sued on, to the effect that the policy shall not take effect until delivery thereof during the lifetime of the insured and while he was in good health, was valid and binding, and unless complied with, or waived by the proper officers of the defendant, the contract was never in force. Carpenter v. Life Ins. Co., 246 S. W. 623; Cravens v. N. Y. Life Ins. Co., 148 Mo. 599; Kirk v. Woodmen, 169 Mo.
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Certiorari. (1) The provision in the policy sued on, to the effect that the policy shall not take effect until delivery thereof during the lifetime of the insured and while he was in good health, was valid and binding, and unless complied with, or waived by the proper officers of the defendant, the contract was never in force. Carpenter v. Life Ins. Co., 246 S. W. 623; Cravens v. N. Y. Life Ins. Co., 148 Mo. 599; Kirk v. Woodmen, 169 Mo. App. 449; Ansin v. Insurance Co., 134 N. E. (Mass.) '350; Missouri State Life Ins. Co. v. Salisbury, 279 Mo. 40. (2) Waiver is the intentional relinquishment…
1Opinion of the CourtDavid E. Blair, J.
This is an original proceeding in certiorari whereby relator seeks to have quashed an opinion of respondents as judges of the St. Louis Court of Appeals, affirming the judgment of the trial court in the case of Ira May Brabham, respondent, against relator here, as appellant-in that court, on the ground that said opinion is in conflict with certain decisions of this court. To avoid- confusion we will refer to Mrs. Brabham as plaintiff, as in the trial court.
It is unnecessary to detail all the facts. The opinion of respondents is reported in 253 S. W. 786, to which reference is made for facts…
2Cases cited7 opinions
- Non-Royalty Shoe Co. v. Phoenix Assurance Co.Supreme Court of Missouri · 1919
- Patterson v. American InsuranceMissouri Court of Appeals · 1913
- State Ex Rel. Missouri State Life Insurance v. AllenSupreme Court of Missouri · 1922
- Berryman v. Southern Surety Co.Supreme Court of Missouri · 1920
- Jones v. Prudential Insurance Co. of AmericaMissouri Court of Appeals · 1913
2 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Block v. United States Fidelity & Guaranty Co.Supreme Court of Missouri · 1926
- Newco Land Co. v. MartinSupreme Court of Missouri · 1948
- Willis v. American National Life Insurance Co.Missouri Court of Appeals · 1956
- Hammontree v. Central Mutual Insurance CompanyMissouri Court of Appeals · 1965
- State Ex Rel. Metropolitan Life Insurance v. ShainSupreme Court of Missouri · 1933
28 more not listed; retrieve them via the Exa API.