Folkens v. Northwestern National Life Insurance
Missouri Court of Appeals
Appeal from Chariton Circuit Court. — Hon. John P. Butler, Judge. ■ (1) The defendant company was organized under a statute providing for the incorporation of life insurance associations on the “assessment plan;” its license specially authorized the transaction of a life insurance business on the “assessment plan,” and the policy or certificate sued on in this case is an “assessment contract” as defined by the Missouri statutes.
Read the full summary
Appeal from Chariton Circuit Court. — Hon. John P. Butler, Judge. ■ (1) The defendant company was organized under a statute providing for the incorporation of life insurance associations on the “assessment plan;” its license specially authorized the transaction of a life insurance business on the “assessment plan,” and the policy or certificate sued on in this case is an “assessment contract” as defined by the Missouri statutes. Gen. Stat. Minn., sec. 3296; R. S. 1899, secs. 7906, 7901; Whit-more v. Supreme Lolge, 100 Mo. 36; Hanford v. Ben. Ass’n, 122 Mo. 50; Haynie v. Indemnity Co., 139 Mo.…
1Opinion of the CourtEllison, J.
This is an action on a policy of life insurance in which the plaintiff prevailed in the trial court.
The insured paid his premium annually on the 8th -day of September, 1897, 1898 and 1899. . He failed on the fourth which fell due on September 8, 1900, and he died in the following November. Defendant claims to be what is known as an assessment company and that in consequence the non-payment of the last premium due forfeited the policy; and it is conceded by plaintiff that if the policy is based on the assessment plan as contemplated by the statute, it became void by reason of non-payment -of…
2Cases cited6 opinions
- New York Life Insurance v. StathamSupreme Court of the United States · 1876
- Aloe v. Fidelity Mutual Life Ass'nSupreme Court of Missouri · 1900
- Jacobs v. Omaha Life Ass'nSupreme Court of Missouri · 1898
- Worthington v. Charter Oak Life InsuranceSupreme Court of Connecticut · 1874
- Ellerbe v. BarneySupreme Court of Missouri · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- St. Louis & S. F. Ry. Co. v. GosnellSupreme Court of Oklahoma · 1909
- Moore v. Northwestern Life InsuranceMissouri Court of Appeals · 1905
- Wilson v. General Assembly of American Benevolent Ass'nMissouri Court of Appeals · 1907