Legal Opinion

Harms v. Fidelity & Casualty Co.

Missouri Court of Appeals

Decided May 19, 1913PublishedCited by 13 opinions

1. INSURANCE: Release of Claim: Want of Consideration:Evidence. Where in a suit on a policy of insurance the answer-admits the policy, the death of the assured and the identity of the beneficiary, but sets up a release in bar, and the reply pleads want of consideration, duress and fraud in obtaining-the release, such reply is a direct attack on the release and evidence contradicting its recitals as to the existence of certain facts is admissible.

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1. INSURANCE: Release of Claim: Want of Consideration:Evidence. Where in a suit on a policy of insurance the answer-admits the policy, the death of the assured and the identity of the beneficiary, but sets up a release in bar, and the reply pleads want of consideration, duress and fraud in obtaining-the release, such reply is a direct attack on the release and evidence contradicting its recitals as to the existence of certain facts is admissible. Appeal from Saline Circuit Court. — Eon. Samuel Davis, Judge. The compromise of a disputed claim, even where the amount is liquidated by contract,…

1Opinion of the CourtTrimble, J.

Plaintiff is the widow of August Harms, deceased, and is the beneficiary in a policy of insurance for $2500 held by him in the defendant company dated August 3,1910, whereby it insured said Harms for one year against death by external violent means. There was a clause in the policy providing that if the assured committed suicide, the company would pay only $500 ; and a statement in the schedule of warranties that the assured’s habits of life were correct and,temperate.

Harms died on April 7, 1911, as the direct result of a gunshot wound. On April 13, 1911, the company paid plaintiff $1000, and…

2Cases cited6 opinions

  1. Logan v. Fidelity & Casualty Co.Supreme Court of Missouri · 1898
  2. Goodson v. National Masonic Accident Ass'nMissouri Court of Appeals · 1902
  3. Winter ex rel. Smith v. Kansas City Cable Railway Co.Supreme Court of Missouri · 1901
  4. Biddlecom v. General Accident Assurance Co.Missouri Court of Appeals · 1912
  5. Chamberlain v. SmithMissouri Court of Appeals · 1905

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

3Cited by13 opinions

  1. Buel v. Kansas City Life Ins. Co.New Mexico Supreme Court · 1926
  2. Smith v. Wise CountyCourt of Appeals of Texas · 1916
  3. Sappington v. Central Mutual Insurance Ass'nMissouri Court of Appeals · 1934
  4. Streeter v. Washington Fidelity National InsuranceMissouri Court of Appeals · 1934
  5. State Ex Rel. Order of United Commercial Travelers of America v. ShainSupreme Court of Missouri · 1936

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

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