Suess v. Imperial Life Insurance
Supreme Court of Missouri
Transferred from 'Kansas City Court of Appeals. (1) By applying the judicial rule, manufactured exclusively for insurance cases, of permitting proof of waiver, although not pleaded, defendant was denied the equal protection of the laws as guaranteed by the Federal Constitution. The announcement of this rule by a Missouri court is always accompained by an apology.
Read the full summary
Transferred from 'Kansas City Court of Appeals. (1) By applying the judicial rule, manufactured exclusively for insurance cases, of permitting proof of waiver, although not pleaded, defendant was denied the equal protection of the laws as guaranteed by the Federal Constitution. The announcement of this rule by a Missouri court is always accompained by an apology. As declared by Judge Ellison, “It seems to me to be a reflection on the administration of the law, that without pretense of cause or excuse, there should be one rule of practice applied to insurance cases, and a directly opposite…
1Opinion of the CourtValliant, J.
— Plaintiffs who are husband and wife sue to recover premiums paid by the husband to defendant on a life insurance policy issued by defendant on the life of the husband for the benefit of the wife, on the ground, as alleged in the petition, that the de*569fendant had wrongfully declared the policy lapsed as for non-payment of premium.
The petition states that the policy was issued on the 15th day of October, 1889, for a period of six months, renewable at the end of every six months thereafter during the life of the husband by payment of the stipulated premium; that these semi-annual premiums to…
2Cases cited4 opinions
- James v. Mutual Reserve Fund Life Ass'nSupreme Court of Missouri · 1899
- Andrus v. Fidelity Mutual Life InsuranceSupreme Court of Missouri · 1902
- Suess v. Imperial Life InsuranceMissouri Court of Appeals · 1895
- Suess v. Imperial Life InsuranceMissouri Court of Appeals · 1900
3Cited by4 opinions
- Darby v. Northwestern Mutual Life InsuranceSupreme Court of Missouri · 1922
- Robberson v. ClarkMissouri Court of Appeals · 1913
- Wright v. Metropolitan Life InsuranceMissouri Court of Appeals · 1920
- Watkins v. WattleSupreme Court of Missouri · 1976