Smoot v. Bankers Life Ass'n
Missouri Court of Appeals
Appeal from Scotland Circuit Court. — Hon. Chas. J. Stewart, Judge. Defendant is an assessment life insurance company-under the Missouri statute, because it appears from the contract as practically construed by the parties that it has no level and fixed premiums. McCoy v. Bankers Life Assn., 134 Mo. App. 35; Westerman v. Supreme Lodge, 196 Mo. 670; Williams v. St. Louis Life, 97 Mo. App. 454; Hayden v. Mut. Reserve, 98 Fed. 200; Armstrong v. Brotherhood, 112 S. W. 24, 3 Mo.
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Appeal from Scotland Circuit Court. — Hon. Chas. J. Stewart, Judge. Defendant is an assessment life insurance company-under the Missouri statute, because it appears from the contract as practically construed by the parties that it has no level and fixed premiums. McCoy v. Bankers Life Assn., 134 Mo. App. 35; Westerman v. Supreme Lodge, 196 Mo. 670; Williams v. St. Louis Life, 97 Mo. App. 454; Hayden v. Mut. Reserve, 98 Fed. 200; Armstrong v. Brotherhood, 112 S. W. 24, 3 Mo. Annotated Statutes, 1906, sec. 7901, and cases cited. Being an assessment insurance company defendant is expressly…
1Opinion of the CourtReynolds, P. J.
(after stating the facts)'. — The statutes of this State, section 7901, article 3, chapter 119 (Revised Statutes 1899) provide that every contract whereby the benefit is to accrue to the person named therein, “the payment of which said benefit is in any manner or degree dependent upon the collection of an assessment upon persons holding similar contracts, shall be deemed a contract of insurance upon the assessment plan.” Section 7910, also a part of the same article and chapter, enacts that nothing in the article contained shall subject any corporation doing bus-> iness under the article to…
2Cases cited29 opinions
- Kent v. . Quicksilver Mining Co.New York Court of Appeals · 1879
- Canada Southern Railway Co. v. GebhardSupreme Court of the United States · 1883
- Relfe v. RundleSupreme Court of the United States · 1881
- James v. Mutual Reserve Fund Life Ass'nSupreme Court of Missouri · 1899
- Cravens v. New York Life InsuranceSupreme Court of Missouri · 1899
24 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Pacific Intermountain Express Co. v. Best Truck Lines, Inc.Missouri Court of Appeals · 1974
- Knott v. Security Mutual Life InsuranceMissouri Court of Appeals · 1912
- Hay v. Bankers Life Co.Missouri Court of Appeals · 1921
- Jackson v. St. Regis Apartments, Inc.Missouri Court of Appeals · 1978
- Kribs v. United Order of ForestersMissouri Court of Appeals · 1915
17 more not listed; retrieve them via the Exa API.