Schmidt v. United Order of Foresters
Missouri Court of Appeals
Appeal from St. Louis -City Circuit Court. — Hon. O’Neill Ryan, Judge. (1) The Insurance contract of a fraternal society which has not qualified under section 1410, Revised Statutes 1899, is governed hy the insurance laws of our State.
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Appeal from St. Louis -City Circuit Court. — Hon. O’Neill Ryan, Judge. (1) The Insurance contract of a fraternal society which has not qualified under section 1410, Revised Statutes 1899, is governed hy the insurance laws of our State. Provisions in such insurance contracts which deny liability in case of suicide of the insured are void under section 7896, unless suicide was contemplated at application (which is out of this case). Provisions avoiding the insurance on account of false representations are also void under section 7890, unless they contribute to the loss (which is also out of…
1Opinion of the CourtGoode, J.
Appellants are the half-brothers and half-sisters of Charles Fosz, deceased, and claim to be beneficiaries in a certificate of insurance for one thousand dollars issued by respondent company to Fosz on November 15, 1901. The insured killed himself May 15, 1903. Wilhelmine Schmidt, the mother of Fosz, was designated in the certificate as beneficiary, but she died before her son and as he designated no other beneficiary, appellants demand the insurance under a by-law of the *168Order providing for the payment of the amount of the certificate to the brothers and sisters of the insured in a given…
2Cases cited7 opinions
- Masonic Benevolent Ass'n v. BunchSupreme Court of Missouri · 1891
- Westerman v. Supreme Lodge Knights of PythiasSupreme Court of Missouri · 1906
- Kern v. Supreme Council, American Legion of HonorSupreme Court of Missouri · 1902
- Toomey v. Supreme Lodge Knights of PythiasSupreme Court of Missouri · 1898
- Smith v. Supreme Lodge Knights of PythiasMissouri Court of Appeals · 1900
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3Cited by4 opinions
- Schmidt v. Supreme Court United Order of ForestersSupreme Court of Missouri · 1910
- Schmidt v. Supreme CourtSupreme Court of Missouri · 1914
- Ordelheide v. Modern Brotherhood of AmericaMissouri Court of Appeals · 1911
- Schmidt v. Supreme Court United Order of ForestersMissouri Court of Appeals · 1915