Legal Opinion

Hancock Mutual Life Insurance v. Warren

Supreme Court of the United States

Decided April 8, 1901No. 196PublishedCited by 39 opinions

ERROR TO THE SUPREME COURT OF THE STATE OF OHIO. This action was brought in the Common Pleas Court of Delaware County, Ohio, on a policy of insurance issued September 27, 1895, by the John Hancock Mutual Life Insurance Company on the life of George E. Warren and for the benefit of William M. Warren.

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ERROR TO THE SUPREME COURT OF THE STATE OF OHIO. This action was brought in the Common Pleas Court of Delaware County, Ohio, on a policy of insurance issued September 27, 1895, by the John Hancock Mutual Life Insurance Company on the life of George E. Warren and for the benefit of William M. Warren. The insurance company resisted payment on the ground that the policy had been fraudulently obtained by the decedent, in that the answers made by him in his application made a part of the policy, and which were expressly warranted to be complete and true, the policy providing that if any of the…

1Opinion of the CourtChief Justice Fullee

In State v. Ackerman, 51 Ohio St. 163, it -was ruled that as foreign, insurance companies and associations, whether incorporated or not, before commencing business in the State, were required to obtain a certificate of authority to do .so, which conferred on the company or association receiving it the right and privilege of carrying on its business in the State, the privilege so conferred was a franchise. In the course of the opinion the court quoted with approval, from Spelling on Extraordinary Relief, as follows: “ Where, by statute, the legal exercise of a right, which at common law was…

2Cases cited5 opinions

  1. Orient Insurance v. DaggsSupreme Court of the United States · 1899
  2. Equitable Life Assurance Society v. ClementsSupreme Court of the United States · 1891
  3. Waters-Pierce Oil Co. v. TexasSupreme Court of the United States · 1900
  4. New York Life Insurance v. CravensSupreme Court of the United States · 1900
  5. Tullis v. Lake Erie & Western RailroadSupreme Court of the United States · 1899

3Cited by39 opinions

  1. Fidelity Mutual Life Ass'n v. MettlerSupreme Court of the United States · 1902
  2. Cable v. United States Life InsuranceSupreme Court of the United States · 1903
  3. Security Mutual Life Insurance v. PrewittSupreme Court of the United States · 1906
  4. Farmers' & Merchants' Insurance v. DobneySupreme Court of the United States · 1903
  5. Missouri State Life Insurance v. LovelaceCourt of Appeals of Georgia · 1907

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