LaRue v. Kansas Mutual Life Insurance

Citations

• 68 Kan. 539
• 75 P. 494
• 1904 Kan. LEXIS 141

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Life Insurance — Liability Limited in Case of Death while in Military Service. A policy of life insurance provided that the insured might serve in the military service of the United States in time of war by giving the insurance company notice and paying an extra premium for the war hazard; otherwise, in case of death, the company should be liable for the reserve on the policy only. The insured enlisted in the service of the United States and was killed on the island of Mindanao, one of the Philippines, in'May, 1900. No extra premium was paid. ' Held, that the company was not liable for more than the reserve on the policy.</p> <p>2. Judicial Notice — Treaty xoith Spain — Philippine Insurrection. Courts of this country take judicial notice that under the treaty of Paris, between the United States and the kingdom of Spain, signed December 10, 1898, the Philippine islands became a part of our territory, and that after that time the inhabitants of those islands were in a state of insurrection against the government. Judicial notice is taken also of the fact that in 1902 the insurrection had not ended in the island of Mindanao.</p>