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Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS

Chapter 377

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  377.340.  Misrepresentations. — No representation made in obtaining or securing a policy of insurance on the life or lives of any person or persons shall be deemed material, or render the policy void, unless the matter misrepresented shall have actually contributed to the contingency or event on which the policy is to become due and payable, and if so contributed in any case, shall be a question for the jury.

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(RSMo 1939 § 5893)

Prior revisions: 1929 § 5782; 1919 § 6192; 1909 § 6986

(1960) Where application for insurance stated that the insured was in good health at the time of the application whereas, in fact, he was suffering from cystitis, a kidney disease, and prostatitis, the policy could have been voided during his lifetime but after his death from a coronary occlusion of ten minutes duration the misrepresentations were immaterial and constituted no defense to an action on the policy. Snead v. Union Life Insurance Co. (A.), 340 S.W.2d 184.

(1965) Missouri's "misrepresentation" statute applies to insurance policies, and insurer has burden of showing falsity of answer given on application. Mahn v. American Life and Accident Insurance Company (A.), 390 S.W.2d 573.


---- end of effective   28 Aug 1939 ----

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