Legal Opinion

Equitable Life Insurance v. Mann

Supreme Court of Iowa

Decided December 31, 1940No. 45452PublishedCited by 7 opinions

1Opinion of the CourtStiger, J.

The case was decided upon the pleadings. The petition contained the following allegations:

Plaintiff issued a policy of life insurance to Ida E. Michener, defendant’s decedent, on November 15, 1938. The policy contained the following incontestable clause:

‘ ‘ This policy shall be incontestable after it has been in force for a period of two years from its date of issue, except for nonpayment of premiums. ’ ’

In the application for the policy the applicant made certain material misrepresentations. The policy was issued in reliance on the truth of the statements and if plaintiff had known said…

2Cases cited35 opinions

  1. Davis v. WakeleeSupreme Court of the United States · 1895
  2. Enelow v. New York Life InsuranceSupreme Court of the United States · 1935
  3. Mutual Life Insurance v. Hurni Packing Co.Supreme Court of the United States · 1923
  4. American Life Insurance v. StewartSupreme Court of the United States · 1937
  5. Jefferson Standard Life Ins. v. McIntyreCourt of Appeals for the Fifth Circuit · 1923

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3Cited by7 opinions

  1. Metropolitan Life Insurance v. DeNicolaMassachusetts Supreme Judicial Court · 1944
  2. Prudential Ins. Co. of America v. RubySupreme Court of Arkansas · 1951
  3. Equitable Life Insurance v. MannSupreme Court of Iowa · 1943
  4. New York Life Insurance v. FeinbergSupreme Court of Missouri · 1948
  5. Ginley v. John Hancock Mut. Life Ins.Ohio Court of Appeals · 1973

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