Effective 28 Aug 1939

376.580. Misrepresentation. — No misrepresentation made in obtaining or securing a policy of insurance on the life or lives of any person or persons, citizens of this state, 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 whether it so contributed in any case shall be a question for the jury.

­­--------

(RSMo 1939 § 5843)

Prior revisions: 1929 § 5732; 1919 § 6142; 1909 § 6937

(1955) Where accident and health policy contained no sound health provision, no provision making insured's answers in the application warranties, nor any provision conditioning the policy on the truth of such answers, material misrepresentations must have been knowingly and fraudulently made before they will avoid the policy. Dixon v. Business Men's Assurance Co., 365 Mo. 580, 285 S.W.2d 619.

(1959) This section held inapplicable to determine whether action on insurance policy where fraud and deceit in the procurement thereof was asserted as a defense was triable in equity or by jury in federal court. Curry v. Pyramid Life Insurance Co., 271 F.2d 1.

(1961) Evidence as to misrepresentation of the health of the insured examined and held sufficient to create an issue for the jury. Winger v. General American Life Ins. Co. (Mo.), 345 S.W.2d 170.

(1961) Evidence held sufficient to present jury question as to whether misrepresentation was as to illness causing death. Pyramid Life Ins. Co. v. Curry, 291 F.2d 411.

(1963) Requirement in policy that policy holder be in "good health" at time of payment of first premium would bar recovery when insured was suffering from cancer at time of such payment whether insured knew of such disease or not. Security Life Insurance Company v. Jackson, 318 F.2d 846.

(1966) This section applies whether the misrepresentations are fraudulent or innocent and makes these misrepresentations immaterial unless the matter misrepresented actually contributed to the happening of the event on which payment under the policy of insurance depends. Bohm v. Fidelity and Casualty Co. of New York (A.), 399 S.W.2d 450.