Montgomery v. Phoenix Mutual Life Insurance
Court of Appeals of Kentucky
Case 9 — PETITION EQUITY APPEAL FROM LOUISVILLE CHANCERY COURT. 1. The policy being executed after the application, its provisions, when in conflict with the application, must control; especially must its provisions control the application so far as the obligations of the company are concerned.
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Case 9 — PETITION EQUITY APPEAL FROM LOUISVILLE CHANCERY COURT. 1. The policy being executed after the application, its provisions, when in conflict with the application, must control; especially must its provisions control the application so far as the obligations of the company are concerned. The application being the basis of the policy, the two form the contract except so far as the policy conflicts with the application, in which event the policy being the last instrument of contract, and really that which makes the contract, must prevail. 2 The policy must be considered as a whole. 8.…
1Opinion of the Court
JUDGE GOFER
delivered the opinion oe the court.
September 5, 1868, tbe Phoenix Mutual Life Insurance Co., of Hartford, Conn., issued to Joseph B. Montgomery a policy of insurance insuring his life in the sum of $10,000. The policy is of that class usually called non - forfeitable ten-year endowment policies, and was payable when the assured should attain the age of seventy years, or, in case of his death before that time, within ninety days after due notice and proof thereof. '
The annual premium was $524.80, payable one half in cash and the residue in notes, due one year after date, and in case…
2Cases cited6 opinions
- St. Louis Mutual Life Insurance v. GrigsbyCourt of Appeals of Kentucky · 1874
- Magoffin v. HoltCourt of Appeals of Kentucky · 1863
- Sousely v. Burns's adm'rCourt of Appeals of Kentucky · 1873
- Page v. HughesCourt of Appeals of Kentucky · 1842
- Chandler v. RobertsonCourt of Appeals of Kentucky · 1840
1 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Union Central Life Ins. v. SpinksCourt of Appeals of Kentucky · 1904
- New York Life Insurance v. N. L. Curry & Bro.Court of Appeals of Kentucky · 1903
- Moreland v. Union Central Life InsuranceCourt of Appeals of Kentucky · 1898
- Southern Life Insurance v. HazardCourt of Appeals of Kentucky · 1912
- Thompson v. FairleighCourt of Appeals of Kentucky (pre-1976) · 1945
23 more not listed; retrieve them via the Exa API.