Mo. Rev. Stat. » Chapter 377
Missouri Revised Statutes

Mo. Rev. Stat. § 377.340 (2026)

Misrepresentations

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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.

Notes of Decisions
Cited in 4 cases, 1959–1965 · leading case: Mahn v. Am. Life & Accident Ins. Co., 390 S.W.2d 573 (Mo. Ct. App. 1965).
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Mahn v. Am. Life & Accident Ins. Co., 390 S.W.2d 573 (Mo. Ct. App. 1965). · cites it 3× “392 , involving a “misrepresentation” statute almost identical to § 377.340, RS Mo 1959, V.A.M.S., and see the Missouri cases collected in 100 A.”
Randall v. W. Life Ins. Co., 336 S.W.2d 125 (Mo. Ct. App. 1960). · cites it 2× “Defendant completely satisfied its burden of proof imposed by Section 377.340, V.A.M.S. Repudiation of the reinstatement was fully justified.”
W. Life Ins. Co. v. White, 331 S.W.2d 19 (Mo. Ct. App. 1959). · cites it 2× “Under point I, defendant contends that the insurance policy was void ab initio, and that the trial court erred in excluding evidence of bad health in finding against defendant on the counterclaim and in entering judgment for plaintiff on the petition.”
Snead v. Union Life Ins. Co., 340 S.W.2d 184 (Mo. Ct. App. 1960). · cites it 4× “Section 377.340, V.A.M.S. (referred to by the trial court in its Conclusions of Law) reads: “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…”
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