Hardy v. Phoenix Mutual Life Insurance
Supreme Court of North Carolina
ApReax, by defendant from Connor, Jat the March Term, 1920, of Pitt. This is an action on an insurance policy issued by the defendant upon the life of Isaac Carson Hardy for the benefit of the plaintiff. The policy was attached to and made a part of the complaint, and contained an incontestable clause which is hereafter set out in the judgment rendered.
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ApReax, by defendant from Connor, Jat the March Term, 1920, of Pitt. This is an action on an insurance policy issued by the defendant upon the life of Isaac Carson Hardy for the benefit of the plaintiff. The policy was attached to and made a part of the complaint, and contained an incontestable clause which is hereafter set out in the judgment rendered. The defendant filed answer in which the issuing of the policy was admitted, but the defendant alleged that the insured was suffering from an.incurable disease at the time of its issuance; that the statements in the. application for the policy…
1Opinion of the CourtAlleN, J.
Tbe incontestable clause in a policy of life insurance was' very fully considered in Trust Co. v. Ins. Co., 173 N. C., 558, and it was then held:
“1. A clause in a policy of life insurance, making it incontestable at tbe end of a year, covers tbe defense of tbe alleged bad health of the insured at the time of its delivery, and also tbat of false and fraudulent statements alleged to bave been made by tbe insured in bis application.
“2. Where a- policy of life insurance has been issued containing a clause making it noncontestable after tbe expiration of a year, except for nonpayment of premiums,…
2Cases cited6 opinions
- American Trust Co. v. Life InsuranceSupreme Court of North Carolina · 1917
- Royal Circle v. AchterrathIllinois Supreme Court · 1903
- Dibbrell v. Georgia Home InsuranceSupreme Court of North Carolina · 1892
- Mutual Life Ins. Co. of New York v. BufordSupreme Court of Oklahoma · 1916
- Weil v. Federal Life InsuranceIllinois Supreme Court · 1914
1 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Powell v. Mutual Life Insurance Co. of New YorkIllinois Supreme Court · 1924
- Mutual Life Ins. Co. of New York v. RoseDistrict Court, E.D. Kentucky · 1923
- Humpston v. State Mutual Life Assur. Co. of WorcesterTennessee Supreme Court · 1923
- Feierman v. Eureka Life InsuranceSupreme Court of Pennsylvania · 1924
- Prudential Insurance Co. of America v. PrescottSupreme Court of Florida · 1937
17 more not listed; retrieve them via the Exa API.