Baltimore Life Insurance v. Floyd
Superior Court of Delaware
Appeal (No. 6, January Term, 1914) from a judgment of a justice of the peace. Action of assumpsit brought before the justice by William Floyd against the Baltimore Life Insurance Company, to recover under an insurance policy issued to Albert Hanlin in which the plaintiff was the beneficiary. Motion for nonsuit refused. Verdict for plaintiff. See on error,—Boyce—, 94 Atl., 515. . The contentions of the parties appear in the charge of the court.
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Appeal (No. 6, January Term, 1914) from a judgment of a justice of the peace. Action of assumpsit brought before the justice by William Floyd against the Baltimore Life Insurance Company, to recover under an insurance policy issued to Albert Hanlin in which the plaintiff was the beneficiary. Motion for nonsuit refused. Verdict for plaintiff. See on error,—Boyce—, 94 Atl., 515. . The contentions of the parties appear in the charge of the court. At the conclusion of the plaintiff’s case, counsel for defendant moved for a nonsuit on the ground that the applicant for insurance made a false answer…
1Opinion of the Court
Woolley, J.,
delivering the opinion of the court:
[1] The judges that constitute this court sat in the Keatley case, 82 Atl. 294, either below or above, and are clear upon the policy of the law touching the subject of insurance warranties. The rule of the common law was that all representations made by an applicant for insurance, were warranties, whether they were material or immaterial to the risk, and a false representation or misstatement of fact made by the applicant amounted to a breach of warranty, regardless of its materiality to the risk. From this rule the American courts have…
2Cases cited8 opinions
- Warnock v. DavisSupreme Court of the United States · 1882
- Hess' Admr. v. SegenfelterCourt of Appeals of Kentucky · 1907
- Scott v. DicksonSupreme Court of Pennsylvania · 1885
- Reed v. Provident Savings Life Assurance SocietyNew York Court of Appeals · 1907
- Downey v. HofferSupreme Court of Pennsylvania · 1885
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- PHL Variable Insurance v. Price Dawe 2006 Insurance Trust Ex Rel. Christiana Bank & Trust Co.Supreme Court of Delaware · 2011
- Lincoln National Life Insurance v. Joseph Schlanger 2006 Insurance TrustSupreme Court of Delaware · 2011
- Atlantic Coast Line Railroad v. United StatesUnited States Court of Claims · 1928
- Principal Life Insurance Company v. Lawrence Rucker 2007 Insurance TrustDistrict Court, D. Delaware · 2010
- Washington Fidelity National Insurance v. KowalczekSuperior Court of Delaware · 1931
8 more not listed; retrieve them via the Exa API.