Citizens' Nat. Life Ins. v. Swords
Mississippi Supreme Court
Appeal from the circuit court of Union county. Hon. H. K. Mahon, Judge. Suit by J. B. Swords against the National Life Insurance Company. From a judgment for plaintiff, defendant appeals. This is an action for the proceeds of an insurance policy for the sum of three thousand dollars, taken out by the wife of plaintiff (appellee here). The insurance company defends upon the ground that certain statements in the application were not true.
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Appeal from the circuit court of Union county. Hon. H. K. Mahon, Judge. Suit by J. B. Swords against the National Life Insurance Company. From a judgment for plaintiff, defendant appeals. This is an action for the proceeds of an insurance policy for the sum of three thousand dollars, taken out by the wife of plaintiff (appellee here). The insurance company defends upon the ground that certain statements in the application were not true. These statements related principally to the family history of certain relatives, and some of them touched upon her own physical condition; though from the…
1Opinion of the CourtCook, J.
This case will be affirmed. We think the argument for appellant fails to take into account the express *637terms of the contract. If the statements of the insured, when she applied for insurance, are to be deemed warranties, the arguments of appellant would be applicable. We find, however, this clause in the conditions of the policy, viz:
“This instrument contains the entire contract between the parties hereto, and all statements made by the insured shall, in the absence of fraud, be deemed representations and not warranties. ’ ’
There is'a well-recognized distinction between “representations” and…
2Cases cited3 opinions
- Guthrie National Bank v. Fidelity and Deposit Co.Supreme Court of Oklahoma · 1904
- Fidelity & Deposit Co. v. Guthrie National BankSupreme Court of Oklahoma · 1906
- Capital Fire Insurance v. KingSupreme Court of Arkansas · 1907
3Cited by13 opinions
- New York Life Ins. v. SmithMississippi Supreme Court · 1922
- Fidelity Mutual Life Insurance v. ElmoreMississippi Supreme Court · 1916
- National Casualty Co. v. JohnsonMississippi Supreme Court · 1953
- Coffey v. STANDARD LIFE INS. CO., SOUTHMississippi Supreme Court · 1960
- New York Life Ins. v. PriceCourt of Appeals for the Fifth Circuit · 1927
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