376.620. Suicide, effect on liability — refund of premiums, when. — 1. Any life insurance policy, rider, endorsement, amendment, or certificate issued or delivered in this state may exclude or restrict liability under such policy, rider, endorsement, amendment, or certificate for death as the result of suicide in the event the insured, while sane or insane, dies as a result of suicide within one year from the date of the issue of such policy, rider, endorsement, amendment, or certificate. If an insured applies for additional death benefits or an increase in death benefits after initial coverage commences, the policy, rider, endorsement, amendment, or certificate may provide for an exclusion for suicide that occurs within one year after any addition or increase in death benefits only to the extent of the additional or increased death benefits. Any such exclusion or restriction shall be clearly stated in such policy, rider, endorsement, amendment, or certificate.
2. Any life insurance policy, rider, endorsement, amendment, or certificate which contains any exclusion or restriction under subsection 1 of this section shall also provide that in the event the insured dies as a result of suicide within one year from the date of issue of such policy, rider, endorsement, amendment, or certificate that the insurer shall promptly refund all premiums paid for the excluded or restricted coverage on such insured.
Notes of Decisions
Miller v. Home Ins. Co., 605 S.W.2d 778 (Mo. 1980).
· cites it 28× “Plaintiff appeals, contending she was entitled to a directed verdict because as a matter of law the policy, construed in light of § 376.620, RSMo 1969, [1] afforded coverage.”
Nelson v. Aetna Life Ins. Co., 359 F. Supp. 271 (W.D. Mo. 1973).
· cites it 20× “Defendant Aetna initially rejected plaintiff’s claim from the outset and has consistently contended after litigation commenced that plaintiff is not entitled to recover under Oklahoma law, that Oklahoma law governs the case, and that Section 376.620 R.S.Mo. may not properly be…”
Moss v. Nat'l Life & Accident Ins. Co., 385 F. Supp. 1291 (W.D. Mo. 1974).
· cites it 11× “Section 376.620 RSMo (1969), V.A.M.S. provides: “In all suits upon policies of insurance on life hereinafter issued by any company doing business in this state to a citizen of this state it shall be no defense that the insured committed suicide, unless it shall be shown to the…”
Frasher v. Life Investors Ins. Co. of Am., 796 P.2d 1069 (Kan. Ct. App. 1990).
· cites it 6× “" Mo. Rev. Stat. § 376.620 (1986). The trial court, in granting summary judgment for Life Investors determined that, absent a valid choice of law provision in the policy, Kansas law would govern as the place of the making of the contract.”
Hamilton v. Stand. Ins., 462 F. Supp. 2d 1033 (W.D. Mo. 2006).
· cites it 5× “COUNT II Count II of Plaintiffs Complaint states that Defendant improperly refused to incorporate and interpret § 376.620 of the Revised Statutes of Missouri.”
Willis v. Am. Nat'l Life Ins. Co., 287 S.W.2d 98 (Mo. Ct. App. 1956).
· cites it 3× “” In that conversation Patten informed Tutt of the Missouri statute Section 376.620 RSMo 1949, V.A.M.S., which excludes suicide as a defense except where such is contemplated at time of issuance.”
Whited v. Nat'l W. Life Ins. Co., 526 S.W.2d 364 (Mo. Ct. App. 1975).
· cites it 5× “” It also provided: “Any provision of this policy which is, on the date of issue, in conflict with the statutes of the State in which the policy is issued or delivered is hereby amended to conform to such statutes.”
Kaskowitz v. Aetna Life Ins. Co., 316 S.W.2d 132 (Mo. Ct. App. 1958).
· cites it 7× “This, in turn, depends upon whether the so-called suicide statute (section 376.620 RSMo 1949, V.A.M.S.) operates to avoid the exception relied upon by the appellant.”
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