Williams v. St. Louis Life Insurance
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — No». Selden P. Spencer, Judge. (1) The policy of insurance is an assessment contract of a domestic company, and the representations were warranted to he true and agreed if false would avoid the contract.
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Appeal from St. Louis City Circuit Court. — No». Selden P. Spencer, Judge. (1) The policy of insurance is an assessment contract of a domestic company, and the representations were warranted to he true and agreed if false would avoid the contract. (2) The provisions of general insurance laws do not apply to such assessment contracts, and misrepresentations warranted to he true avoid the policy whether fraudulent or not, whether material as a matter of fact or not, or whether of matters actually contributing to the death or not. The “assessment plan” insurance law is a complete and independent…
1Opinion of the CourtBland, P. J.
— 1. The petition is in the ordinary form to recover- the sum of $1,000 on a policy of life insurance, dated May 26,1898, issued by the defendant on the life of Cora Williams, for the benefit of and payable! at her death to the plaintiff, who was her husband.
The answer admitted the issuance of the policy, the death of the insured, and that proofs of the loss had been furnished. It then pleaded affirmatively the following special defenses:
‘ ‘ 2. That the policy as issued is an assessment contract and not an old line policy, and that there was fraud in the procurement of the policy in the…
2Cases cited8 opinions
- Hanford v. Massachusetts Benefit Ass'nSupreme Court of Missouri · 1894
- McDonald v. Bankers Life Ass'nSupreme Court of Missouri · 1900
- Aloe v. Fidelity Mutual Life Ass'nSupreme Court of Missouri · 1900
- Toomey v. Supreme Lodge Knights of PythiasSupreme Court of Missouri · 1898
- Aloe v. Mutual Reserve Life Ass'nSupreme Court of Missouri · 1899
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Westerman v. Supreme Lodge Knights of PythiasSupreme Court of Missouri · 1906
- Smoot v. Bankers Life Ass'nMissouri Court of Appeals · 1909
- McCoy v. Bankers Life Ass'nMissouri Court of Appeals · 1908
- Hayden v. Franklin Life Ins.Court of Appeals for the Eighth Circuit · 1905
- Folkens v. Northwestern National Life InsuranceMissouri Court of Appeals · 1903
1 more not listed; retrieve them via the Exa API.