Welsh v. Metropolitan Life Ins. Co.

• Decision Date: 07 May 1912
• Citation: Welsh v. Metropolitan Life Ins. Co., 147 S.W. 147, 165 Mo. App. 233 (Mo. App. 1912)
• Parties: WELSH v. METROPOLITAN LIFE INS. CO. OF NEW YORK.
• Court: Missouri Court of Appeals

147 S.W. 147

WELSH v. METROPOLITAN LIFE INS. CO. OF NEW YORK.

St. Louis Court of Appeals. Missouri.

May 7, 1912.

1. INSURANCE (§ 291) — LIFE INSURANCE — MISREPRESENTATIONS.

Under Rev. St. 1909, § 6937, providing that no misrepresentations made in obtaining a life policy shall be deemed material unless the matter misrepresented actually contributed to the contingency on which the policy has become due, a stipulation in a life policy that the insurer assumed no liability unless insured was in sound health on the date thereof was not a condition precedent necessary to be complied with before the policy became operative.

2. INSURANCE (§ 615) — LIFE INSURANCE — MATERIAL MISREPRESENTATIONS—DEFENSES —CONDITIONS PRECEDENT.

Under Rev. St. 1909, § 6940, providing that in actions on life policies no defense based on misrepresentations in obtaining the same shall be valid unless insurer deposits in court the premiums received, insurer in a life policy may not rely on the defense of a material misrepresentation where it does not deposit in court for the benefit of plaintiff the premiums received on the policy.

3. INSURANCE (§ 668)—PEREMPTORY INSTRUCTIONS —WHEN AUTHORIZED.

Where plaintiff suing on a life policy established a prima facie right to recover, and the insurer in effect conceded the truth of the prima facie case and presented no available defense, a peremptory instruction for plaintiff for the amount due under the policy, with interest to be ascertained by the jury, was proper.

4. INSURANCE (§ 668)—ACTIONS—PENALTIES FOR VEXATIOUS DELAY—QUESTION FOR JURY.

In an action on a life policy, the question of vexatious delay on the part of insurer in paying the claim held, under the evidence, properly submitted to the jury, and, on their finding a vexatious delay, a recovery for the damages authorized by Rev. St. 1909, § 7068, was proper.

Appeal from St. Louis Circuit Court; George H. Williams, Judge.

Action by Lizzie Welsh against the Metropolitan Life Insurance Company of New York. From a judgment for plaintiff, defendant appeals. Affirmed.

Nathan Frank and Max W. Oliver, both of St. Louis, for appellant. James J. O'Donohoe, of St. Louis, for respondent.

CAULFIELD, J.

Suit on an industrial life insurance policy brought by the beneficiary after the death of the insured. Plaintiff had verdict and judgment for $147.18, being the amount payable under the policy, $86 as interest, and $50 as damages and attorney's fee for vexatious delay in paying, and the defendant has appealed, assigning as error the trial court's action in peremptorily...