Zimmerman v. Bankers Casualty Co.
Supreme Court of Minnesota
Action in the district court for Hennepin county to recover $760 upon defendant’s policy of .insurance. The defense was a failure by plaintiff to give the required notice of his illness and a material misrepresentation by plaintiff in the application.
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Action in the district court for Hennepin county to recover $760 upon defendant’s policy of .insurance. The defense was a failure by plaintiff to give the required notice of his illness and a material misrepresentation by plaintiff in the application. The case was tried before Leary, J., who denied defendant’s motions for a directed verdict, and a jury which returned a verdict for $679.80. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.
1Opinion of the CourtQuinn, J.
Action to recover upon an accident and health insurance policy issued by the defendant to plaintiff, insuring him against the effects of bodily injury sustained and disability resulting from illness contracted during the life of spch policy. Plaintiff had a verdict for $679.80, and from an order denying its motion for judgment notwithstanding the verdict or a new trial defendant appealed.
*443The policy was issued on November 16, 1915, based upon an application signed by the plaintiff on November 10, 1915. The application contained numerous questions designed to furnish the company with…
2Cases cited3 opinions
- Kausal v. Minnesota Farmers' Mutual Fire InsuranceSupreme Court of Minnesota · 1883
- Mattson v. SamaritansSupreme Court of Minnesota · 1904
- Whitney v. National Masonic Accident Ass'nSupreme Court of Minnesota · 1894
3Cited by16 opinions
- Blazek v. North American Life & Casualty Co.Supreme Court of Minnesota · 1957
- MacK v. Pacific Mutual Life InsuranceSupreme Court of Minnesota · 1926
- Shaughnessy v. New York Life InsuranceSupreme Court of Minnesota · 1925
- Smith v. Benefit Assn. of Railway EmployeesSupreme Court of Minnesota · 1932
- Reinsurance Ass'n of Minnesota v. TimmerCourt of Appeals of Minnesota · 2002
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