Bergmann v. St. Louis Life Ins. Co.

Citation2 Mo.App. 262
PartiesHANNA W. BERGMANN, Respondent, v. THE ST. LOUIS LIFE INSURANCE COMPANY, Appellant.
Decision Date16 May 1876
CourtCourt of Appeal of Missouri (US)

1. Where an insurance company has so dealt with the insured as to induce a belief that the clause of forfeiture for non-payment of interest on a premium note will not be insisted upon, there will be no forfeiture if payment be tendered within a reasonable time.

2. But, where no tender of the interest is made for three months, and the insured dies without having made a tender, the clause of the forfeiture will be enforced.

APPEAL from St. Louis Circuit Court.

Reversed and judgment.

Davis & Smith, for appellant, cited: Bouton v. American Mutual Life Ins. Co., 25 Conn. 542; Helme v. Philadelphia Life Ins Co., 61 Penn. 107; Bliss on Ins. (2d ed.) 312; Edge v. Duke, 18 Law Jud. Eq. 183; Pritchard v. M. & T. Life Assur. Soc., 3 C. B. (N. S.) 622; Mutual Benefit Life Ins. Co. v. Ruse, 8 Ga. 534; Howell v. Knickerbocker Life Ins. Co.; Latham v. Westervelt, 26 Barb. 256; Chapin v. Potter, 1 Hilt. 366.

Eccles & Smith, for respondent, cited: Helme v. Philadelphia Life Ins. Co., 61 Penn. 107; Young's Admrs. v. Mutual Life Ins. Co., 4 Big. 1; Ripley v. Ætna Ins. Co., 29 Barb. 557; Goit v. National Ins. Co., 25 Barb. 186; Baker v. Union Life Ins. Co., 6 Robt. 394; Boehm v. Williamsport Ins. Co., 35 N. Y. 131; Mayers v. Mutual Life Ins. Co., 4 Big. 62 et seq.

BAKEWELL, J., delivered the opinion of the court.

This was an action on a policy of insurance, dated April 23, 1867, by which defendant, in consideration of $214.80 then paid, and of the annual premium of $214.80 to be paid on or before April 23d, for nine years next succeeding the date of the policy, did insure the life of August H. Bergmann in the sum of $4,000, the amount of insurance to be paid to plaintiff on April 23, 1896, or, should the insured die before that date, then to pay the same in ninety days after due notice and proof of death.

The policy contains two provisos: (1) That, if default is made in the payment of any of the annual premiums at the date they become due, this shall not work a forfeiture of the policy; but the amount insured shall be commuted to such proportional part of the whole sum insured as the annual payments actually paid shall bear to the sum of the annual payments agreed to be paid. (2) If the insured shall fail to pay annually, in advance, the interest on any unpaid notes or loans which may be owing by said insured to said company on account of any of the above-mentioned annual premiums, at the office of the company, in the city of St. Louis, or to agents when they produce receipts signed by the president or secretary, then, and in every such case, the company shall not be liable for the payment of the sum assured, or any part thereof, and this policy shall cease and determine.

Bergmann died on July 18, 1873. He made no payment on account of the policy after April 23, 1872. The testimony showed that, at the time the policy was taken out, there was paid in cash $107.40, and a note for $107.40 was given, on which interest was paid in advance for one year, at 6 per cent. In April, 1868, another note was given for $107.40, and a cash payment made of $107.40, and also interest was paid in advance on the two notes. In 1869 $107.40 was paid, a new note given, and interest paid in advance on three notes. In 1870 the same cash payment was made, the old notes were surrendered by the company, and a new note given for $414.62, being four times $107.40, less a dividend deducted, and interest was paid in advance. In 1871 the same cash payment was made, the old note was surrendered, and a new note taken for $506.80, on which interest was paid in advance. In 1872 the cash payment was made, the old note surrendered, a new note for $614 was taken, and interest paid in advance for one year. The premiums were paid on the day they were due in 1869 and 1872. In 1868 they were paid two days before they were due; in 1871, one day after, and in 1870, two days after they were due. Up to 1872, the company...

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6 cases
  • Mo. Cattle Co. v. Great Southern Life Ins. Co.
    • United States
    • Missouri Supreme Court
    • July 1, 1932
    ...89 So. 770; Goedecke v. Metropolitan Life Ins. Co., 30 Mo. App. 601; McMahon v. Maccabees of the World, 151 Mo. 522; Bergman v. St. Louis Life Ins. Co., 2 Mo. App. 262; Hanley v. The Life Assn. of America, 69 Mo. 380; Thompson v. St. Louis Mutual Life Ins. Co., 52 Mo. 469; James v. Mutual R......
  • Missouri Cattle Loan Co. v. Great Southern Life Ins. Co.
    • United States
    • Missouri Supreme Court
    • June 10, 1932
    ... ... 770; Goedecke v. Metropolitan Life Ins. Co., 30 ... Mo.App. 601; McMahon v. Maccabees of the World, 151 ... Mo. 522; Bergman v. St. Louis Life Ins. Co., 2 ... Mo.App. 262; Hanley v. The Life Assn. of America, 69 ... Mo. 380; Thompson v. St. Louis Mutual Life Ins. Co., ... 52 Mo ... Such failure ... may entail consequences, depending upon the circumstances ...           In ... Bergmann v. St. L. Life Ins. Co., 2 Mo.App. 262, where ... the customary notice of the due date of a premium had not ... been given, the court said that ... ...
  • French v. Franklin Life Ins. Co.
    • United States
    • Missouri Court of Appeals
    • July 27, 1942
    ...Life Ins. Co., 52 Mo. 469; McMahon v. Maccabees, 151 Mo. 522, 52 S.W. 584; Hanley v. Life Ass'n of Am., 69 Mo. 380; Bergamann v. St. Louis Life Ins. Co., 2 Mo.App. 262; Wright v. Met. Life Ins. Co., 221 S.W. 383. Defendant is bound by agent Lloyd's conduct because: (a) It knew of and encour......
  • French v. The Franklin Life Ins. Co.
    • United States
    • Missouri Court of Appeals
    • July 27, 1942
    ...Life Ins. Co., 52 Mo. 469; McMahon v. Maccabees, 151 Mo. 522, 52 S.W. 584; Hanley v. Life Ass'n of Am., 69 Mo. 380; Bergamann v. St. Louis Life Ins. Co., 2 Mo. App. 262; Wright v. Met. Life Ins. Co., 221 S.W. 383. (6) Defendant is bound by agent Lloyd's conduct because: (a) It knew of and e......
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