Salts v. Prudential Insurance
Missouri Court of Appeals
Appeal from Greene Circuit Court. — Hon. James T. Neville, Judge. (1) The provision in the policy that no claim would be paid thereon unless the insured were in sound health on the date thereof is a valid provision and is not affected by section 7890, Revised Statutes 1899. Welch v. Guar. F. L. Soc., 81 Mo. App. 38; McAndiless v. Insurance Co., 45 Mo.
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Appeal from Greene Circuit Court. — Hon. James T. Neville, Judge. (1) The provision in the policy that no claim would be paid thereon unless the insured were in sound health on the date thereof is a valid provision and is not affected by section 7890, Revised Statutes 1899. Welch v. Guar. F. L. Soc., 81 Mo. App. 38; McAndiless v. Insurance Co., 45 Mo. App. 584; Insurance Co. v. Howie, 62 Ohio St. 204; Barker v. Insurance Co., 188 Mass. 542; Packard v. Insurance Co., 72 N. H. 1; Carmichael v. Ins. Co., 101 N. Y. Sup. 602; Insurance Co. v. Willis, 76 N. E. 506; Insurance Co. v. Betz, 99 S. W.…
1Opinion of the CourtGoode, J.
(after stating the facts).- — The contention is put forward by defendant that the entire evidence showed beyond inference to the contrary, the insured was not in sound health, but had tuberculosis of the lungs when the policy was granted, and showed further, the statements made by her in her application for the policy and warranted to be true, were not true. We will dismiss this contention by saying the record teems with evidence to prove the insured was not afflicted with tuberculosis, but died from excessive use of morphine, or a congested condition of the liver due to that habit. The…
2Cases cited18 opinions
- National Bank v. Insurance Co.Supreme Court of the United States · 1878
- Northwestern National Life Insurance v. RiggsSupreme Court of the United States · 1906
- Aull Savings Bank v. Aull's AdministratorSupreme Court of Missouri · 1883
- Jefferson Insurance v. H. & D. Cotheal.New York Supreme Court · 1831
- Keller v. Home Life InsuranceSupreme Court of Missouri · 1906
13 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Prudential Ins. Co. of America v. SameCourt of Appeals for the D.C. Circuit · 1943
- Mutual Life Ins. Co. v. MandelbaumSupreme Court of Alabama · 1922
- Kirk v. Metropolitan Life InsuranceSupreme Court of Missouri · 1935
- Stephens v. Metropolitan Life InsuranceMissouri Court of Appeals · 1915
- Mid-Continent Life Ins. Co. v. HouseSupreme Court of Oklahoma · 1932
19 more not listed; retrieve them via the Exa API.