Legal Opinion · Dissent

Modern Woodmen of America v. International Trust Co.

Colorado Court of Appeals

Decided July 14, 1913No. 3654Published

Appeal from Denver District Court. Hon. Hubert L. Shattuck, Judge.

1DissentHurlbut, J.

If I properly understand the majority opinion, it reverses the judgment of the trial court principally upon the ground that the insured, Henry Conter, made false answers to questions propounded to him in his application for the certificate; that the record conclusively showed such answers to be false; and that, such being the case, the warranties and statements incorporated in Conter’s application, as well as in the certificate itself, concerning answers made in the application, conclusively bar the beneficiaries from recovery in this action. It further appears in the opinion that the…

2Cases cited20 opinions

  1. Titus v. . Glens Falls Insurance CompanyNew York Court of Appeals · 1880
  2. Schwarzbach v. Ohio Valley Protective UnionWest Virginia Supreme Court · 1885
  3. Masonic Mutual Benefit Ass'n v. BeckIndiana Supreme Court · 1881
  4. Kausal v. Minnesota Farmers' Mutual Fire InsuranceSupreme Court of Minnesota · 1883
  5. Supreme Lodge, Knights of Honor v. DavisSupreme Court of Colorado · 1899

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