Legal Opinion

McCoy v. Bankers Life Ass'n

Missouri Court of Appeals

Decided December 7, 1908PublishedCited by 10 opinions

Appeal from Harrison Circuit Court. — Eon. George W. Wanamaher, Judge. (1) The Non-Forfeiture Statutes has no application to this case because the contract is an assessment contract in fact and not«an “ordinary life policy,” “limited life policy,” or “continued payment endowment policy,” which are the only contracts affected by the Non-Forfeiture Statute.

Read the full summary

Appeal from Harrison Circuit Court. — Eon. George W. Wanamaher, Judge. (1) The Non-Forfeiture Statutes has no application to this case because the contract is an assessment contract in fact and not«an “ordinary life policy,” “limited life policy,” or “continued payment endowment policy,” which are the only contracts affected by the Non-Forfeiture Statute. Westerman v. Supreme Lodge, 196 Mo. 670, 94 S. W. 486. (2) The failure of a member in an assessment association to pay his assessment in the time provided terminates his membership' if so provided in the contract. Lavin'v. Grand Lodge, 104…

1Opinion of the CourtBroaddus, P. J.

This is an action upon a policy of insurance. On the 26th day of September, 1898, the defendant, an insurance company organized under the laws of Iowa as an assessment company and licensed as such to do business in this State, issued to the plaintiff a certain policy in words and figures as follows:

“The Bankers Life Association.

Certificate of Membership Wo. 75565.

$2,000.00

Des Moines, Iowa, September 26, 1898.

“This is to certify that in consideration of the articles of incorporation and by-laws of this association and of the warranties contained in his application No. 63298, all of which are…

2Cases cited5 opinions

  1. McDonald v. Bankers Life Ass'nSupreme Court of Missouri · 1900
  2. Toomey v. Supreme Lodge Knights of PythiasSupreme Court of Missouri · 1898
  3. Jacobs v. Omaha Life Ass'nSupreme Court of Missouri · 1898
  4. Elliott v. Des Moines Life Ass'nSupreme Court of Missouri · 1901
  5. Williams v. St. Louis Life InsuranceMissouri Court of Appeals · 1902

3Cited by10 opinions

  1. Smoot v. Bankers Life Ass'nMissouri Court of Appeals · 1909
  2. Hay v. Bankers Life Co.Missouri Court of Appeals · 1921
  3. Hoover v. Bankers' Life Ass'nSupreme Court of Iowa · 1912
  4. Morrow v. National Life Ass'nMissouri Court of Appeals · 1914
  5. Bond v. Bankers Life Ass'nSupreme Court of Kansas · 1913

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API