Legal Opinion · Concurrence

French v. Columbia Life & Trust Co.

Oregon Supreme Court

Decided April 25, 1916Published

From Multnomah: John P. Kavanaugh, Judge. In Banc. Statement by Mr. Justice Harris. Elizabeth French is prosecuting this action in an attempt to recover on two life insurance policies which had been issued to her husband, James M. French, now deceased, by Columbia Life & Trust Company, a life insurance company. The first policy is dated March 11, 1912. The insured is James M. French.

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From Multnomah: John P. Kavanaugh, Judge. In Banc. Statement by Mr. Justice Harris. Elizabeth French is prosecuting this action in an attempt to recover on two life insurance policies which had been issued to her husband, James M. French, now deceased, by Columbia Life & Trust Company, a life insurance company. The first policy is dated March 11, 1912. The insured is James M. French. The beneficiary is Elizabeth French, and the amount of the annual premium is $170.13 payable for the period of 20 years on March 11th each year, with a grace of 31 days allowed for the payment of premiums. A copy…

1ConcurrenceJustice Burnett

delivered the following specially concurring opinion:

This is an action to recover upon two insurance policies, in one of which the plaintiff herself is the beneficiary and in the other the assignee of the beneficiary. The question for decision is the same in both causes of action; hence they will be treated together. The transaction was initiated by the written application of the insured, James M. French, husband of the plaintiff, in which occurs the following clause :

“I hereby agree that the statements herein contained together with the statements made by me to the medical examiner and…

2Cases cited20 opinions

  1. Central Bank of Washington v. HumeSupreme Court of the United States · 1888
  2. Insurance Co. v. EgglestonSupreme Court of the United States · 1878
  3. Arnold v. Empire Mutual Annuity & Life InsuranceCourt of Appeals of Georgia · 1908
  4. Schreyer v. Turner Flouring Co.Oregon Supreme Court · 1896
  5. Considine v. Metropolitan Life InsuranceMassachusetts Supreme Judicial Court · 1896

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