Ivanesovich v. North American Life & Casualty Co.
Supreme Court of Minnesota
Action transferred to the district court for Hennepin county to recover $350 on defendant’s accident insurance policy. The ease was tried before Dickinson, J., who at the close of the testimony denied defendant’s motion for a directed verdict on the ground that plaintiff had totally failed to make out a cause of action against it, and a jury which returned a verdict for $381.50. From an order denying its motion for judgment notwithstanding the verdict or for a new trial,…
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Action transferred to the district court for Hennepin county to recover $350 on defendant’s accident insurance policy. The ease was tried before Dickinson, J., who at the close of the testimony denied defendant’s motion for a directed verdict on the ground that plaintiff had totally failed to make out a cause of action against it, and a jury which returned a verdict for $381.50. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.
1Opinion of the CourtHolt, J.
The appeal is from an order denying defendant’s motion in the alternative for judgment notwithstanding the verdict or a new trial;
The action is upon an accident insurance policy, plaintiff claiming that a timber fell upon him producing double inguinal hernia necessitating a surgical operation. The defense is that when he applied for the insurance he falsely represented that he had not had hernia.
Defendant asserts the record to be conclusive of the fact that prior to his application for insurance plaintiff had been operated on for hernia, hence his representation that he had never suffered…
2Cases cited10 opinions
- Thornton v. Travelers InsuranceSupreme Court of Georgia · 1902
- Atlanta Accident Ass'n v. AlexanderSupreme Court of Georgia · 1898
- Collins v. Casualty Co. of AmericaMassachusetts Supreme Judicial Court · 1916
- Olsson v. Midland InsuranceSupreme Court of Minnesota · 1917
- Levie v. Metropolitan Life InsuranceMassachusetts Supreme Judicial Court · 1895
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Mattfeld v. NesterSupreme Court of Minnesota · 1948
- Blazek v. North American Life & Casualty Co.Supreme Court of Minnesota · 1957
- MacK v. Pacific Mutual Life InsuranceSupreme Court of Minnesota · 1926
- Cody v. Toller Drug Co.Supreme Court of Iowa · 1942
- Ames v. New York Life InsuranceSupreme Court of Minnesota · 1922
2 more not listed; retrieve them via the Exa API.