Legal Opinion

Fitzsimmons v. American Union Life Insurance

Missouri Court of Appeals

Decided October 30, 1939PublishedCited by 4 opinions

1Opinion of the CourtShain, P. J.

This is an action on two life insurance policies issued on the life of Roy Fitzsimmons, deceased. Mary Fitzsimmons, the beneficiary in both policies, brings this suit against the American Union Life Insurance Company.

Plaintiff’s suit is in two counts: The first count declares upon a policy for $2000 issued by defendant on May 20, 1915; and the second count declares upon a policy for $3000 issued by defendant on July 22, 1915.

Due proof of death stands admitted and the controversy involves construction of provisions and conditions in said policies as follows:

“Any indebtedness to the Company,…

2Cases cited5 opinions

  1. Smith v. Mutual Benefit Life InsuranceSupreme Court of Missouri · 1903
  2. Richardson v. AshbySupreme Court of Missouri · 1896
  3. Knapp v. John Hancock Mutual Life InsuranceMissouri Court of Appeals · 1924
  4. Bush v. BlockMissouri Court of Appeals · 1916
  5. People ex rel. Brown v. GreenNew York Court of Common Pleas · 1874

3Cited by4 opinions

  1. Home Trust Mercantile Bank v. StaggsMissouri Court of Appeals · 1986
  2. Estate of Gwinn v. CommissionerUnited States Tax Court · 1955
  3. Gwinn v. CommissionerUnited States Tax Court · 1955
  4. Gwinn v. CommissionerUnited States Tax Court · 1955

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