Layton v. New York Life Insurance
California Court of Appeal
The facts are stated in the opinion of the court. McCutchen, Olney & Willard, McCutchen, Willard, Mannon & Greene and James H. McIntosh for Appellant.
1Opinion of the CourtWaste, P. J.
The plaintiff, as beneficiary, brought this action upon a policy of insurance in the sum of $2,000, issued by the defendant on the life of Archie B. Layton, her husband. Judgment was rendered in her favor, from which the defendant Insurance Company appeals, relying’ upon the two defenses interposed in the court below and reasserted here: First, that the insured was not in good health at the time the first premium was paid and the policy of insurance delivered, and never again was in good health during his lifetime; and, second, that it is entitled to rescind, and has rescinded, the contract…
2Cases cited11 opinions
- Mutual Life Insurance Co. of New York v. Hilton-GreenSupreme Court of the United States · 1916
- New York Life Insurance v. FletcherSupreme Court of the United States · 1886
- Equitable Life Assur. Soc. v. McElroyCourt of Appeals for the Eighth Circuit · 1897
- Providence Life Assurance Society v. ReutlingerSupreme Court of Arkansas · 1894
- Modern Woodmen of America v. AngleMissouri Court of Appeals · 1907
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3Cited by28 opinions
- Thompson v. Occidental Life InsuranceCalifornia Supreme Court · 1973
- Keene v. WigginsCalifornia Court of Appeal · 1977
- Lunardi v. Great-West Life Assurance Co.California Court of Appeal · 1995
- Telford v. New York Life InsuranceCalifornia Supreme Court · 1937
- Texas State Mut. Fire Ins. v. RichbourgTexas Commission of Appeals · 1924
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