Legal Opinion

Baker v. Metropolitan Life Ins. Co.

Supreme Court of South Carolina

Decided February 10, 1917No. 9618PublishedCited by 10 opinions

Before Hon. D. D. McColl, special Judge, Chester, November, 1915. Suit by Mrs. Nannie E. Baker and another against the Metropolitan Life Insurance Company.

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Before Hon. D. D. McColl, special Judge, Chester, November, 1915. Suit by Mrs. Nannie E. Baker and another against the Metropolitan Life Insurance Company. Judgment for plaintiffs, motion for new trial overruled, and defendant excepts and appeals. cite: As to notice to insurer through examining physician as its agent: 95 S. C. 196. Issue for jury: 99 S. C. 417. Misleading instruction: 66 S. C. 18. Waiver: 88 S. E. 442. cite: As to issue for jury: 98 S. C. 277, 51, 52, 129; 97 S. C. 381. Forfeitures not favored: 144 U. S. 439; 97 S. C. 379. Notice to insurer: 95 S. C. 199.

1Opinion of the Court

The opinion of the Court ivas delivered by

Mr. Justice Watts.

This is a suit on a policy of insurance on the life of Mrs. Josie Dill, in which policy Nannie E. Baker, the plaintiff in this action, is named as beneficiary. The case was tried before his Honor, D. D. McColl, -as special Judge, and a-jury at the November term of the Court, 1916, for Chester county. At the conclusion of all the testimony in the case, defendant’s attorneys made a motion for a directed verdict in favor of the defendant on the ground that the policy in express terms states that it is void if at the time it was executed…

2Cases cited1 opinion

  1. Gamble v. Metropolitan Life Ins.Supreme Court of South Carolina · 1913

3Cited by10 opinions

  1. Kiriakides v. Equitable Life Assurance Society of the United StatesSupreme Court of South Carolina · 1934
  2. Nix v. Sovereign Camp, W. O. W.Supreme Court of South Carolina · 1936
  3. Rosenblum v. Sun Life Assur. Co. of CanadaWyoming Supreme Court · 1937
  4. Southeastern Life Ins. Co. v. PalmerSupreme Court of South Carolina · 1924
  5. Gilreath v. Security Life & Trust Co.Supreme Court of South Carolina · 1933

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