Adams v. American Patriots

• Decision Date: 20 November 1911
• Parties: ADAMS et al. v. AMERICAN PATRIOTS.
• Court: Missouri Court of Appeals

141 S.W. 21

159 Mo. App. 340

ADAMS et al. v. AMERICAN PATRIOTS.

Kansas City Court of Appeals, Missouri.

November 20, 1911.

INSURANCE (§ 665)—MUTUAL BENEFIT INSURANCE —ACTIONS — SUFFICIENCY OF EVIDENCE.

In an action upon a fraternal benefit policy, evidence held to show that insured falsely represented in his application that he was in good health, and did not have tuberculosis, and had not consulted a physician since childhood.

Appeal from Circuit Court, Randolph County; A. H. Waller, Judge.

Action by Stella Adams and another against the American Patriots. From a judgment for plaintiffs, defendant appeals. Reversed.

Willard P. Cave, for appellant. M. J. Lilly, for respondents.

ELLISON, J.

The plaintiffs are brother and sister of David A. Crews, deceased. On the 4th day of June, 1907, Crews took out a benefit certificate of insurance on his life, with plaintiffs as beneficiaries, in the Supreme Order of Married Men's League of America, and afterwards this insurance was taken over and reinsured by defendant. Crews died in the following December, and this action was instituted to recover the insurance. The judgment was for plaintiffs in the trial court.

Deceased's application was made on the 21st day of May, 1907, and contained warranties that he was in sound health, that he did not have tuberculosis in any form, that he did not have a cough, that he had not been treated for illness, and that he had not consulted a physician since childhood. It is conceded by plaintiffs that false representations in procuring the certificate avoid the policy. We find the evidence shows without contradiction that, within a few days after the deceased made his application, he consulted physicians, who found him afflicted with tuberculosis; and there is no substantial evidence contradicting that introduced by defendant that he was a sick man before he made his application, and had quit work on that account, and that he died the December following of consumption, in Arizona, whither he had gone for his health. But, aside from this, it was conclusively shown that his representations that he had not consulted a physician since childhood, and that he was in good health, were false, for on the day preceding this he wrote the following letter: "Clark, Mo. Station, May 20, 1907. Mr. H. D. Teed, Supt. Tel., St. Louis—Dear Sir: After filing my application with your office, I was compelled to come home on account of not being able to work. The doctors advise me to take a...