Legal Opinion

Haven v. Home Insurance

Missouri Court of Appeals

Decided July 7, 1910PublishedCited by 6 opinions

Appeal from Jasper Circuit Court. — Hon. D. E. 'Blair. Judge. (1) The insurance contract being executed here is subject to the laws of Missouri, anything in the contract to the contrary notwithstanding. Cravens v. Ins. Co., 148 Mo. 583; Insurance Co. v. Cravens, 170 U. S. 389; Insurance Co. v. Cohen, 170 Mo. 262. (2) The plaintiff and the defendant, Pearl.

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Appeal from Jasper Circuit Court. — Hon. D. E. 'Blair. Judge. (1) The insurance contract being executed here is subject to the laws of Missouri, anything in the contract to the contrary notwithstanding. Cravens v. Ins. Co., 148 Mo. 583; Insurance Co. v. Cravens, 170 U. S. 389; Insurance Co. v. Cohen, 170 Mo. 262. (2) The plaintiff and the defendant, Pearl. L. Haven, having been divorced by the judgment and decree of the court, plaintiff was and is entitled to change the beneficiary in the policy of insurance. R. S. 1899, sec. 7895. (1) If a literal interpretation of the statute will distort…

1Opinion of the CourtCox, J.

On August 24, 1903, the defendant insurance company issued to the plaintiff a policy of insurance number 119387, whereby it agreed to pay five thousand dollars to Pearl L. Haven, the wife of plaintiff if she survive her husband the insured; otherwise, the insured, his executors, administrators or assigns was the payee. This was a twenty-year tontine policy, the annual premium being $197.75. The plaintiff lived at Carthage, Jasper county, at the time and the policy was delivered to him there.

On March 4, 1908 Pearl L. Haven was granted a divorce from the plaintiff by the circuit court of Jasper…

2Cases cited10 opinions

  1. Cravens v. New York Life InsuranceSupreme Court of Missouri · 1899
  2. State ex rel. Wolff v. BerningSupreme Court of Missouri · 1881
  3. United States Casualty Co. v. KacerSupreme Court of Missouri · 1902
  4. Blum v. New York Life InsuranceSupreme Court of Missouri · 1906
  5. Reed v. PainterSupreme Court of Missouri · 1895

5 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. In re OrearCourt of Appeals for the Eighth Circuit · 1911
  2. Metropolitan Life Ins. Co. v. HaackDistrict Court, W.D. Louisiana · 1943
  3. Schuler v. Metropolitan Life InsuranceMissouri Court of Appeals · 1915
  4. Orthwein v. Germania Life InsuranceSupreme Court of Missouri · 1914
  5. Phoenix v. Metropolitan Life Insurance Co.Supreme Court of Missouri · 1964

1 more not listed; retrieve them via the Exa API.

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