Jacobs v. Omaha Life Ass'n
Supreme Court of Missouri
Appeal from Bay Circuit Cowrt. — HonI E. J. Broaddus, Judge. (1) To constitute the statements in the application a warranty, the application must be made a part of the policy, and a warranty upon the part of the assured. In the absence of this stipulation in the policy the application is collateral, and statements made therein are merely representations. Ins. Co. v. Bobertson, 39 111. 123; Miller v. Ins. Co., 31 Iowa, 217; Williams v. Ins. Co., 31 Me. 219; Bacon’s Ben.
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Appeal from Bay Circuit Cowrt. — HonI E. J. Broaddus, Judge. (1) To constitute the statements in the application a warranty, the application must be made a part of the policy, and a warranty upon the part of the assured. In the absence of this stipulation in the policy the application is collateral, and statements made therein are merely representations. Ins. Co. v. Bobertson, 39 111. 123; Miller v. Ins. Co., 31 Iowa, 217; Williams v. Ins. Co., 31 Me. 219; Bacon’s Ben. Soc. and Life Ins., sec. 194. (2) The defendant is not aided by the fact that such certificate is filed with the petition; it…
1Opinion of the CourtMacfarlane, J.
This is a suit on a certificate or 'policy of insurance.
The petition, in substance, charges that plaintiff is the widow of Robertson L. Jacobs, deceased, and defendant is a benevolent corporation doing business under the laws of Nebraska. That on the first day of June, 1894, in consideration of the payment of $26.50 and the payment thereafter of $26.50 quarterly for the period of fifteen years, defendant executed and delivered to said Robertson L. Jacobs its five beneficiary certificates, each for the sum of $1,000, the same constituting a policy of insurance in said association whereby it…
2Cases cited2 opinions
- Hanford v. Massachusetts Benefit Ass'nSupreme Court of Missouri · 1894
- Haynie v. Knights Templars & Masons' Life Indemnity Co.Supreme Court of Missouri · 1897
3Cited by13 opinions
- Young v. Railway Mail Ass'nMissouri Court of Appeals · 1907
- 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
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