Legal Opinion

Bruck v. John Hancock Mutual Life Insurance

Missouri Court of Appeals

Decided May 16, 1916PublishedCited by 11 opinions

Appeal from St. Louis City Circuit Court. — Eon. Leo S. Rassieur, Judge. It has been very recently decided by this court .that “proofs of death furnished by a beneficiary to the insurer under the policy are admissible in evidence against such beneficiary as proof by him of the truth of the statement therein contained, and when not contradicted or explained, may become conclusive against the right to recover on the policy.” Stephens v. Met. Life Insurance Co., 190 Mo.

Read the full summary

Appeal from St. Louis City Circuit Court. — Eon. Leo S. Rassieur, Judge. It has been very recently decided by this court .that “proofs of death furnished by a beneficiary to the insurer under the policy are admissible in evidence against such beneficiary as proof by him of the truth of the statement therein contained, and when not contradicted or explained, may become conclusive against the right to recover on the policy.” Stephens v. Met. Life Insurance Co., 190 Mo. App. 673, 680; also Castens v. Knights & Ladies of .Honor, 190 Mo. App. 57. The ease at bar is infinitely stronger than the…

1Opinion of the CourtAllen, J.

This is an action upon two policies of life insurance, for $250 each (less unpaid premiums for the remainder of the year if -death should ensue within the first “policy year”), issued by defendant insurance company on August 14, 1912, upon the life of one Fred W. Bruck, in favor of plaintiff, mother of the insured, named as beneficiary therein. The insured died on February 8, 1913. Plaintiff thereupon duly made proofs of death, and demanded of defendant the payment to her of the respective amounts provided by the policies to be paid according to their terms; and upon defendant’s refusal to…

2Cases cited14 opinions

  1. Kern v. Supreme Council, American Legion of HonorSupreme Court of Missouri · 1902
  2. Keller v. Home Life InsuranceSupreme Court of Missouri · 1906
  3. Schuermann v. Union Central Life InsuranceSupreme Court of Missouri · 1901
  4. Stephens v. Metropolitan Life InsuranceMissouri Court of Appeals · 1915
  5. Coscarella v. Metropolitan Life InsuranceMissouri Court of Appeals · 1913

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

3Cited by11 opinions

  1. Kirk v. Metropolitan Life InsuranceSupreme Court of Missouri · 1935
  2. Hicks v. Metropolitan Life InsuranceMissouri Court of Appeals · 1916
  3. Manning v. Prudential InsuranceMissouri Court of Appeals · 1919
  4. Pfingsten v. Franklin Life Insurance CompanySupreme Court of Missouri · 1959
  5. Boillot v. Income Guaranty Co.Missouri Court of Appeals · 1935

6 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