Goedecke v. Metropolitan Life Insurance
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Hon. Daniel Dillon, Judge. There was nothing said or done by the agents of the defendant to induce plaintiff to believe that a forfeiture would not be insisted on. There was no waiver in this case at any time. Bergmann v. Ins. Co., 2 Mo.
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Appeal from the St. Louis Circuit Court, Hon. Daniel Dillon, Judge. There was nothing said or done by the agents of the defendant to induce plaintiff to believe that a forfeiture would not be insisted on. There was no waiver in this case at any time. Bergmann v. Ins. Co., 2 Mo. App. 262. The breach of conditions of a contract are never considered waived unless intended, or unless the party against whom waiver is set up has so acted as to mislead the other party to his prejudice, thereby working an equitable estoppel. Diehl -a. Ins. Co., 58 Pa. St. 443. “Though a life insurance company had…
1Opinion of the CourtThompson, J.
This action is brought by the plaintiff as the guardian of six minor children of William Dille, deceased, upon two policies of life insurance, insuring the life of Dille. There were two defences•, (1) That Dille died by his own hand. This ivas abandoned under the statute and need not be further considered. (2) That the premiums, which were payable weekly, were more than four weeks in default, whereby, under the •terms of the policy, the policy had become forfeited ; that, after the x>olicy had become so forfeited and after the death of Dille, a person not named (who afterwards turned out to…
2Cases cited3 opinions
- Thompson v. St. Louis Mutual Life InsuranceSupreme Court of Missouri · 1873
- Hanley v. Life Ass'n of AmericaSupreme Court of Missouri · 1879
- Hanley v. Life Ass'n of AmericaMissouri Court of Appeals · 1877
3Cited by10 opinions
- Lechler v. Montana Life InsuranceNorth Dakota Supreme Court · 1921
- Supreme Council Catholic Benevolent Legion v. GroveIndiana Supreme Court · 1911
- Missouri Cattle Loan Co. v. Great Southern Life InsuranceSupreme Court of Missouri · 1932
- Conkling v. Knights & Ladies of SecuritySupreme Court of Iowa · 1918
- Mutual Life Ins. Co. of New York v. DavisCourt of Appeals of Texas · 1913
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