Inloes v. Prudential Insurance Company of America

• Decision Date: 07 November 1904
• Citation: 82 S.W. 1089,109 Mo.App. 104
• Parties: CLARA INLOES, Appellant, v. PRUDENTIAL INSURANCE COMPANY OF AMERICA, Respondent
• Court: Kansas Court of Appeals

82 S.W. 1089

109 Mo.App. 104

CLARA INLOES, Appellant, v. PRUDENTIAL INSURANCE COMPANY OF AMERICA, Respondent

Court of Appeals of Missouri, Kansas City

November 7, 1904

Appeal from Vernon Circuit Court.--Hon. O. H. Hoss, Special Judge.

Judgment affirmed.

J. N Coil for plaintiff.

Scott & Bowker for respondent.

OPINION

SMITH, P. J.

This is an action on two policies of life insurance. The case is this: The defendant on or about the nineteenth day of September, A. D., 1899, in consideration of the payment by the plaintiff to the defendant of an annual premium of $ 69.92 in four equal installments upon the nineteenth day of March, June, September and December of each year during the continuance of said policies, until fifteen full years' premiums should have been paid, agreed to pay the sum of $ 1,000 to plaintiff provided she lived until that date and if she died during the fifteen years while the said policies were in force the defendant agreed to pay the said sums to her executors and assigns. It was stipulated in said contracts that in the event the plaintiff became unable to pay said payments and the same became lapsed, after having been in force for two full years, for the non-payment of any premium, that the same might be surrendered for paid-up endowment policies for the sum of $ 67 each, the same to mature at the same time and in the same manner as the original policies would have matured if the premiums were kept in force, upon the further condition that the insured make application therefor and surrender said policies within three months after said policies became lapsed. It appears that after said policies had been in force two full years that she became unable to longer pay said premiums and that said policies became lapsed; that within three months after the said policies became lapsed, the plaintiff made application for such paid-up endowment policies.

It is the plaintiff's contention that although she made application to defendant for the paid-up endowment policies within three months after the lapse of said original policies that it--defendant--had refused to issue and deliver to her said paid-up endowment policies by reason of which she was damaged in the sum of $ 134, the surrender value of said policies under the terms and provisions thereof. The defendant, on the other hand, contends that the plaintiff was properly denied a recovery for the reason that it nowhere appears from...