Diehm v. Northwestern Mutual Life Insurance
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Matt. 6. Reynolds, Judge. (1) A beneficiary in a life insurance policy has a vested interest in the same from the moment it is issued. Blum v. Insurance Co., 197 Mo. 514; U. S. Casualty Co.. v. Kacer, 169 M'o. 301; Bank v. Hume, 128 U. S. 206; 3 Am. and Eng. Ency.
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Appeal from St. Louis City Circuit Court. — Hon. Matt. 6. Reynolds, Judge. (1) A beneficiary in a life insurance policy has a vested interest in the same from the moment it is issued. Blum v. Insurance Co., 197 Mo. 514; U. S. Casualty Co.. v. Kacer, 169 M'o. 301; Bank v. Hume, 128 U. S. 206; 3 Am. and Eng. Ency. Law (2 Ed.), p. 980. (2) Where a policy of insurance is by its terms made payable to more than one beneficiary and one or more of the beneficiaries dies before the person whose life is insured, the share which .such deceased beneficiary would have taken had he survived the assured,…
1Opinion of the CourtGoode, J.
A demurrer was sustained to the petition in this case, which is an action on a policy of insurance brought by Walter Diehm, curator of the estates of John Paul, Johanna, and John Alexander Hartung, minors. It appears from the petition that the defendant company in 1869, wrote a policy of insurance on the life of Charles Wesler, “for the benefit of Caroline Wesler, his wife, and his children by her, in the sum of $5,000 for the term of his natural life.” Charles Wesler died July 5, 1903, leaving his wife Caroline and four children and three grandchildren. The grandchildren are the wards of the…
2Cases cited8 opinions
- Continental Life Insurance v. WebbSupreme Court of Alabama · 1875
- Continental Life Insurance v. PalmerSupreme Court of Connecticut · 1875
- United States Casualty Co. v. KacerSupreme Court of Missouri · 1902
- United States Trust Co. v. Mutual Benefit Life InsuranceNew York Court of Appeals · 1889
- Lemmons v. ReynoldsSupreme Court of Missouri · 1902
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- McKinney v. Fidelity Mutual InsuranceSupreme Court of Missouri · 1917
- Robinson v. New York Life InsuranceMissouri Court of Appeals · 1913
- Eves v. Sovereign Camp, Woodmen of the WorldMissouri Court of Appeals · 1910
- Haven v. Home InsuranceMissouri Court of Appeals · 1910
- Wharton v. DrewrySupreme Court of Georgia · 1911
3 more not listed; retrieve them via the Exa API.