[Download] "Byron K. Baker v. St. Paul Fire & Marine" by Kansas City District Missouri Court of Appeals " eBook PDF Kindle ePub Free

eBook details

Title: Byron K. Baker v. St. Paul Fire & Marine
Author : Kansas City District Missouri Court of Appeals
Release Date : January 01, 1968
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 71 KB

Description

Plaintiff, Byron K. Baker, brought this action in magistrate court seeking to recover insurance benefits under a contract
providing major medical expense coverage. Plaintiff had a judgment in magistrate court and defendant insurance company appealed.
Trial de novo in the circuit court resulted in a jury verdict and judgment awarding plaintiff $931.75 as benefits and $89.00
interest. Defendant appeals. Plaintiff tried and submitted his case on the theory that he was entitled to recover under an oral agreement with defendant's
agent that the insurance coverage in question would be effective immediately on receipt of plaintiff's application therefor,
accompanied by payment of premium in full, pending issuance and delivery of the policy. It is defendant's position that plaintiff
failed to make a submissible case because (1) there was no evidence that defendant's agent had authority to bind the effective
date by an oral contract of insurance and (2) any oral agreement as to the effective date of the coverage merged into and
was extinguished by the written policy (which was issued and dated to be effective after plaintiff suffered casualty giving
rise to medical expenses incurred) and that parol evidence of the oral agreement was not admissible to contradict the terms
of the policy. In determining the sufficiency of evidence to support the submission we are required to consider only the evidence
favorable to the plaintiff, together with the reasonable inferences in his favor to be drawn therefrom. LePage v. Metropolitan
Life Ins. Co., Mo. Sup., 314 S.W.2d 735. In accordance with that rule we proceed to state facts pertinent to the appeal issues
presented.