Beck v. Metropolitan Life Ins. Co.

• Decision Date: 03 December 1918
• Docket Number: No. 15271.,15271.
• Citation: 207 S.W. 248
• Parties: BECK v. METROPOLITAN LIFE INS. CO.
• Court: Missouri Court of Appeals

207 S.W. 248

BECK v. METROPOLITAN LIFE INS. CO.

No. 15271.

St. Louis Court of Appeals. Missouri.

December 3, 1918.

Appeal from St. Louis Circuit Court; James E. Withrow, Judge.

"Not to be officially published."

Action by Kasper Beck against the Metropolitan Life Insurance Company. From a judgment for plaintiff, on appeal from a justice, defendant appeals. Affirmed.

Fordyce, Holliday & White and Thomas O. Stokes, all of St. Louis, for appellant.

James J. O'Donohoe, of St. Louis, for respondent.

ALLEN, J.

This is an action, originating before a justice of the peace, on a policy of insurance issued by the defendant on April 6, 1914, insuring the life of Lena Beck in favor of plaintiff, husband of the insured and named as beneficiary therein. The insured died an January 16, 1915, and in due time plaintiff furnished defendant with proofs of death and demanded payment of the amount of the policy, but the defendant denied liability and refused to make such payment. Plaintiff prevailed before the justice of the peace, and defendant appealed to the circuit court where a trial de novo, before the court and a jury, resulted in a verdict and judgment for plaintiff in the sum of $216.39, being the amount of insurance provided for in the policy, to wit, $102, with interest thereon, together with 10 per cent. damages and an attorney's fee of $100, as for vexatious refusal to pay. From this judgment the defendant prosecutes the appeal before us.

The petition is in the usual form. Defendant filed no answer, but sought to avoid liability on the ground that the insured was suffering from mitral regurgitation, or heart disease, at the time when she made application for the policy, of which disease she subsequently died; and that consequently she was not in sound health at the time of the issuance and delivery of the policy, as required by the following provision or condition thereof, viz.:

"Provided, however, that no obligation is assumed by the company prior to the date hereof, nor unless on said day the insured is alive and in sound health."

Plaintiff, to sustain the issues on his part, introduced in evidence the policy sued upon, with proof that the premiums thereon had been duly paid, made proof of the death of the insured and of demand made upon defend ant and the latter's refusal to comply therewith, and also adduced testimony tending to show the condition of the insured's health at the time of the issuance of the policy and thereafter. Plaintiff testified that his wife, the insured, was in good health until the early part of December, 1914, at which time a physician, Dr. Thompson, was called to treat her. A witness for plaintiff, Mrs. Schweinel testified that during 1914, until November of that year, she worked at the same place as did the insured, and that the latter always appeared to be in good health; that the insured became ill about two weeks before Christmas of that year. Another witness, Mrs. Salg, testified that Lena Beck did washing for her during 1913 and 1914, and was in good health until December, 1914. Another witness, a sister-in-law of the insured, testified that the latter appeared in every way in good health until December, 1914, when Dr. Thompson was called to treat her.

It further appeared that upon the insured's written application for the policy a "medical inspector" for defendant certified that he had, on March 19, 1914, "personally seen and inspected * * * the life...