Legal Opinion
Smith v. North American Co. for Life & Health Insurance
Court of Appeals for the Seventh Circuit
Decided September 30, 1985No. 84-1872PublishedCited by 4 opinions
1Opinion of the Court
POSNER, Circuit Judge.
This appeal in a diversity case governed by the common law of Wisconsin requires us to consider an interesting problem in the law of insurance contracts. On June 25, 1982, Lane Smith, a successful businessman who was 41 years old, signed an application for a $100,000 life insurance policy to be issued by the North American Company for Life and Health Insurance, and executed a form indicating that he was not a smoker. He gave the insurance agent (an independent agent named Jacobson) a check for $141, representing the first year’s premium due under the policy, and received…
2Cases cited6 opinions
- Kraemer Bros. v. United States Fire InsuranceWisconsin Supreme Court · 1979
- Katze v. Randolph & Scott Mutual Fire InsuranceWisconsin Supreme Court · 1984
- FRIGALIMENT IMPORTING CO., LTD. v. BNS International Sales Corp.District Court, S.D. New York · 1960
- Brown v. Equitable Life InsuranceWisconsin Supreme Court · 1973
- Ryder v. State Farm Mutual Automobile InsuranceWisconsin Supreme Court · 1971
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Central States, Southeast and Southwest Areas Pension Fund, a Pension Trust v. Gerber Truck Service, Inc.Court of Appeals for the Seventh Circuit · 1989
- Joanne Pistas v. New England Mutual Life Insurance Company, Cross-Appellant v. Yale H. Lauter, Third-PartyCourt of Appeals for the Third Circuit · 1988
- Smith v. North American Company For Life And Health InsuranceCourt of Appeals for the Seventh Circuit · 1985
- Central States, Southeast and Southwest Areas Pension Fund, a Pension Trust v. Gerber Truck Service, Inc.Court of Appeals for the Seventh Circuit · 1989