376.610. Defense in case of suits. - Missouri Statutes

Defense in case of suits.

376.610. In suits brought upon life policies, heretofore orhereafter issued, no defense based upon misrepresentation inobtaining or securing the same shall be valid, unless thedefendant shall, at or before the trial, deposit in court for thebenefit of the plaintiffs, the premiums received on suchpolicies.

(RSMo 1939 § 5846)

Prior revisions: 1929 § 5735; 1919 § 6145; 1909 § 6940

(1952) Where plaintiff in equitable action to cancel policy on ground of misrepresentation as to health of deceased, deposited check in excess of amount of premiums paid with circuit clerk, and objection to failure to make deposit in cash was first made in motion for new trial, such failure did not preclude assertion of misrepresentation in equitable action. Reliable Ins. Co. v. Bell (A.), 246 S.W.2d 371.

(1960) This section does not apply to stipulated premium plan policies. Randall v. Western Life Ins. Co. (A.), 336 S.W.2d 125.