Legal Opinion

Gibson v. State Mutual Life Assurance Co.

Missouri Court of Appeals

Decided November 23, 1914PublishedCited by 3 opinions

Appeal from Howard Circuit Court. — Hon. A. H. Waller, Judge. (1) The statutes of Missouri, in force at the time this policy was issued, entered into and became a part of the contract as much so as if written therein. Cravens v. N. Y. Life Ins. Co., 148 Mo. 588; Cravens v. N. Y. Life Ins. Co., 178 U. S. 389; Burridge v. N. Y. Life Ins. Co., 211 Mo. 158; Paschedag v. Mut. Life Ins. Co., 155 Mo.

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Appeal from Howard Circuit Court. — Hon. A. H. Waller, Judge. (1) The statutes of Missouri, in force at the time this policy was issued, entered into and became a part of the contract as much so as if written therein. Cravens v. N. Y. Life Ins. Co., 148 Mo. 588; Cravens v. N. Y. Life Ins. Co., 178 U. S. 389; Burridge v. N. Y. Life Ins. Co., 211 Mo. 158; Paschedag v. Mut. Life Ins. Co., 155 Mo. App. 185. (2) And the Legislature cannot, destroy the contract rights of the parties by sebsequent repeal. Christensen v. N. Y. Life Ins. Co., 160 Mo. App. 494; Schmidt v. Foresters, 228 Mo. 699;…

1Opinion of the CourtTrimble, J.

Respondent is the widow of John W. Gibson and the beneficiary in an insurance policy on his life issued by appellant May 12, 1897. After paying sixteen full annual premiums Gibson defaulted in the payment of the seventeenth, which fell due on May 12, 1913, and, while in default, died on June 20th of that year. Satisfactory proofs of death were promptly furnished.

Respondent claims that she is entitled to recover the full amount of the policy (less the defaulted premium and a small loan made to the insured), as extended insurance given by the Missouri Nonforfeiture statutes as they stood at the…

2Cases cited10 opinions

  1. Smith v. Mutual Benefit Life InsuranceSupreme Court of Missouri · 1903
  2. Farmers' Insurance & Loan Co. v. SnyderCourt for the Trial of Impeachments and Correction of Errors · 1836
  3. Goodson v. National Masonic Accident Ass'nMissouri Court of Appeals · 1902
  4. Smoot v. Bankers Life Ass'nMissouri Court of Appeals · 1909
  5. Planters' Mutual Insurance v. RowlandCourt of Appeals of Maryland · 1886

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

3Cited by3 opinions

  1. Steinzeig v. Mechanics and Traders Insurance Co.Missouri Court of Appeals · 1957
  2. Bartlett v. National Finance Corp.Missouri Court of Appeals · 1934
  3. Columbian Nat. Life Ins. v. GriffithCourt of Appeals for the Eighth Circuit · 1934

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