Knights & Ladies of Columbia Insurance Order v. Shoaf
Indiana Supreme Court
Erom Fountain Circuit Court; Joseph M. Babb, Judge. Action by John O. Shoaf and another against the Knights and Ladies of Columbia Insurance Order. Erom a judgment for plaintiffs, defendant appeals. Transferred from Appellate Court under §1337u Burns 1901, Acts 1901, p. 590.
1Opinion of the CourtMontgomery, J.
—This action is upon a beneficiary certificate issued by appellant to Bertha A. Shoaf in favor of appellees.
The errors relied upon for a reversal of the judgment are (1) the overruling of appellant’s demurrer to the second *369paragraph of reply, and (2) the overruling of its motion for a new trial.
Appellant’s answer averred in substance that the application for insurance disclosed the pregnancy .of Mrs. Shoaf, and that prior to the issuance of the certificate in suit she executed a release, whereby she waived all benefit under the certificate in ease of her death arising from pregnancy, and that…
2Cases cited16 opinions
- United States Mutual Accident Ass'n v. BarrySupreme Court of the United States · 1889
- Western Commercial Travelers' Ass'n v. SmithCourt of Appeals for the Eighth Circuit · 1898
- Terre Haute & Indianapolis Railroad v. BuckIndiana Supreme Court · 1884
- Platter v. Board of CommissionersIndiana Supreme Court · 1885
- Sims v. City of FrankfortIndiana Supreme Court · 1881
11 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Draper v. Oswego County Fire Relief Ass'nNew York Court of Appeals · 1907
- Red Men's Fraternal Accident Ass'n of America v. RippeyIndiana Supreme Court · 1913
- Kentucky Central Life & Accident Insurance v. WhiteIndiana Court of Appeals · 1939
- EMPLOYERS'LIABILITY ASSURANCE CORP., LTD. v. MadricSuperior Court of Delaware · 1961
- Penn American Plate Glass Co. v. SchwinnIndiana Supreme Court · 1912
9 more not listed; retrieve them via the Exa API.