Mutual Life Ins. v. Shoemake
Mississippi Supreme Court
Appeal from circuit court of Wayne county. Hon. J. D. Fatheree, Judge. Action by Belva Lottie Shoemake against the Mutual Life Insurance Company of New York. Judgment for plaintiff, and defendant appeals.
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Appeal from circuit court of Wayne county. Hon. J. D. Fatheree, Judge. Action by Belva Lottie Shoemake against the Mutual Life Insurance Company of New York. Judgment for plaintiff, and defendant appeals. We affirm the following propositions upon the undisputed facts of the case; appellant is not liable: (1) Because the policies were never actually delivered to the applicant during his lifetime and good health, as required by the terms of the application before any liability could attach, nor was there á constructive delivery because the applicant was not entitled to delivery without payment.…
1Opinion of the CourtSmith, C. J.
This is an appeal from a judgment awarding the appellee a recovery on two insurance policies on the life of her deceased husband. The facts are that on March 6, 1906, Shoemake applied 'in writing to Edwards, a soliciting agent for the appellant, for two policies of insurance for one thousand dollars each, payable to the appellee, his wife. This application among other things, provides:
“The proposed policy shall not take effect unless and until the first premium shall have been paid during my continuance in goo'd health, and unless also the policy shall *505have been delivered to and received by…
2Cases cited1 opinion
- Alabama Gold Life Insurance v. HerronMississippi Supreme Court · 1879
3Cited by3 opinions
- New York Life Ins. v. SmithMississippi Supreme Court · 1922
- New York Life Ins. Co. v. GreshamMississippi Supreme Court · 1934
- Prudence Mutual Casualty Insurance v. SwitzerMississippi Supreme Court · 1965