Travelers' Ins. Co. v. Thorne
Court of Appeals for the First Circuit
In Error to the Circuit Court of the United States for the District of Maine. Action by Fred S. Thorne against the Travelers’ Insurance Company. Judgment for plaintiff, and defendant brings error.
1Opinion of the Court
EOWELE, Circuit Judge.
This was an action at law to recover on two policies of accident insurance. Each insured the plaintiff, “provided * * * (9) that all of the warranties following made by the insured upon acceptance of this policy are true.” The defense was a breach of the following warranties contained in the policy:
“E. No application ever made by me for health or accident insurance has been declined. * * * M. * * * I am in sound condition mentally and physically ; my hearing or vision is not impaired; I have never had nor am I now suffering from or subject to fits, disorders of the…
2Cases cited2 opinions
- Kuhn v. Fairmont Coal Co.Supreme Court of the United States · 1910
- Thorne v. Casualty Co. of AmericaSupreme Judicial Court of Maine · 1909
3Cited by9 opinions
- Spann v. Commercial Standard Ins. Co. of Dallas, Tex.Court of Appeals for the Eighth Circuit · 1936
- Eagle Star & British Dominions v. TadlockDistrict Court, S.D. California · 1938
- Buck v. Stuyvesant InsuranceMissouri Court of Appeals · 1922
- Odegard v. General Casualty & Surety Co.Court of Appeals for the Eighth Circuit · 1930
- Pacific Fire Insurance v. BowersSupreme Court of Virginia · 1934
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