Wacker v. National Life & Accident Insurance
Missouri Court of Appeals
Appeal from the Circuit Court of the City of St. Louis. — Hon. Kent K. Koerner, Judge. (1) The policy provided for monthly insurance and by its terms expressly limited the period of insurance to the calendar month in which the premium was paid. It was, therefore, not in force at the time of the suicide. The contract should he enforced as made.
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Appeal from the Circuit Court of the City of St. Louis. — Hon. Kent K. Koerner, Judge. (1) The policy provided for monthly insurance and by its terms expressly limited the period of insurance to the calendar month in which the premium was paid. It was, therefore, not in force at the time of the suicide. The contract should he enforced as made. Record, pp. 9-20; Record, pp. 39-40; Pavliek v. Supreme Lodge, 199 S. W. 442-445 (St. Louis Court of Appeals). (2) There was no waivér and estoppel, because (a) Renewals were optional. Yett v. Oregon Surety & Casualty Co., 172 Pac. 486 (Ore.); Crosby v.…
1Opinion of the CourtReynolds, P. J.
— This is an action on an accident insurance policy. The petition, averring the incorporation of defendant under the laws of the State of Tennessee, as an accident insurance company and as such doing business in this State, and averring that plaintiff was the wife, and is the widow, of Frederick W. Wacker, after setting out the terms of the policy and compliance therewith by the insured, it is averred that the policy was maintained in force continuously from its date up to and including the month of June, 1915, a period of more than six years, by the payment of monthly premiums in advance…
2Cases cited5 opinions
- Logan v. Fidelity & Casualty Co.Supreme Court of Missouri · 1898
- McMahon v. Supreme Tent Knights of the Maccabees of the WorldSupreme Court of Missouri · 1899
- Goedecke v. Metropolitan Life InsuranceMissouri Court of Appeals · 1888
- Wagaman v. Security Mutual Life InsuranceMissouri Court of Appeals · 1904
- Zahm v. Royal Fraternal UnionMissouri Court of Appeals · 1910
3Cited by4 opinions
- Lemmon v. Continental Casualty Co.Supreme Court of Missouri · 1943
- Bonnot v. Grand Lodge, Brotherhood of Railroad TrainmenMissouri Court of Appeals · 1935
- Mayhew v. Mut. Life of IllinoisMissouri Court of Appeals · 1924
- Hart v. Missouri State Life InsuranceMissouri Court of Appeals · 1935