Legal Opinion

Southern States Mutual Life Ins. v. Herlihy

Court of Appeals of Kentucky

Decided May 12, 1910PublishedCited by 8 opinions

CASE 49 — ACTION BY MAMIE HERLIHY AGAINST THE SOUTHERN STATES MUTUAL LIFE INSURANCE COMPANY. Appeal from Jefferson Circuit Court (Common Pleas Branch, First Division). W. H. Field, Judge. Judgment for plaintiff, and defendant appeals.—

1Opinion of the Court

Opinion op the Court by

Judge Carroll

Affirming.

This action was brought by the appellee as the beneficiary in two policies of life insurance issued by the appellant company to her mother, Mary Herlihy. One of the policies, for $1,000, was issued on the 30th of March, 1908, and the other for $3,000 was issued on April 20, 1908.

The company set up several defenses; one being that the insured in her application falsely and fraudulently stated that the only insurance then upon her life was $240 in the Prudential Life Insurance Com*361panv, when, in fact, she then had insurance in the Intermediate Life…

2Cases cited6 opinions

  1. Considine v. Metropolitan Life InsuranceMassachusetts Supreme Judicial Court · 1896
  2. Metropolitan Life Insurance v. MooreCourt of Appeals of Kentucky · 1904
  3. Provident Sav. Life Assur. So. v. Puryear's Admr.Court of Appeals of Kentucky · 1900
  4. Supreme Commandery of the United Order of the Golden Cross of the World v. HughesCourt of Appeals of Kentucky · 1902
  5. Fidelity Title & Trust Co. v. Illinois Life Insurance Co.Supreme Court of Pennsylvania · 1906

1 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Western & Southern Life Ins. v. DavisCourt of Appeals of Kentucky · 1910
  2. New York Life Ins. Co. v. GayCourt of Appeals for the Sixth Circuit · 1929
  3. Carter v. Metropolitan Life InsuranceSupreme Court of Missouri · 1918
  4. Provident Savings Life Assurance Society v. ShearerCourt of Appeals of Kentucky · 1912
  5. Fidelity Mutual Insurance v. PreuserCourt of Appeals of Kentucky · 1922

3 more not listed; retrieve them via the Exa API.

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