Legal Opinion

Jones v. Prudential Insurance Co. of America

Missouri Court of Appeals

Decided January 14, 1921PublishedCited by 7 opinions

Appeal from Circuit Court of Jasper County. — Hon. Grant Emerson, Judge. This is an industrial policy and is for death benefits, as shown by the terms thereof, and as defined by our laws (See R. S. 1919, section 6200), and was not an accident policy and no liability created in the event of an accident. 1 Joyce on Insurance (2 Ed.) page 86; Metropolitan Insurance Company v. Hardson, 208 Mass. 386, 94 N. E. 477. No liability attached on account of the accident and the policy…

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Appeal from Circuit Court of Jasper County. — Hon. Grant Emerson, Judge. This is an industrial policy and is for death benefits, as shown by the terms thereof, and as defined by our laws (See R. S. 1919, section 6200), and was not an accident policy and no liability created in the event of an accident. 1 Joyce on Insurance (2 Ed.) page 86; Metropolitan Insurance Company v. Hardson, 208 Mass. 386, 94 N. E. 477. No liability attached on account of the accident and the policy being void at the time of tin death, no liability could attach. In other words, if Lee Jones had not died, and his policy…

1Opinion of the CourtFarrington, J.

— The plaintiff in this suit recovered a judgment in the circuit court of Jasper county, on an insurance policy issued by the defendant in the sum of $165, and it is from the judgment thus rendered that defendant brings its appeal here.

Statement op the Case — As the cause was tried in the circuit court on the pleadings and a stipulation of facts, the question to be decided can best be understood by setting forth the pleadings, the stipulation of facts, and the portions of the policy which are material to the question. The petition is as follows:

“Plaintiff states that on the 3rd day of March,…

2Cases cited2 opinions

  1. Logan v. Fidelity & Casualty Co.Supreme Court of Missouri · 1898
  2. Metropolitan Life Insurance v. Insurance CommissionerMassachusetts Supreme Judicial Court · 1911

3Cited by7 opinions

  1. Insurance Co. of North America v. AufenkampCourt of Appeals of Maryland · 1981
  2. Gudnason v. Life Insurance Co. of North AmericaSupreme Court of Virginia · 1986
  3. International Travelers' Ass'n v. GuntherCourt of Appeals of Texas · 1925
  4. Life Insurance v. BrooksCourt of Appeals of Georgia · 1933
  5. West Virginia & Kentucky Ins. Agency v. CommissionerUnited States Board of Tax Appeals · 1930

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