Legal Opinion

Mutual Life Ins. v. Hurni Packing Co.

Court of Appeals for the Eighth Circuit

Decided April 4, 1922No. 5790PublishedCited by 27 opinions

In Error to the District Court of - the United States for the Northern District of Iowa; Henry T. Reed, Judge. Action by the Hurni Packing Company against the Mutual Rife Insurance Company of New York. Judgment for plaintiff, and defendant brings error.

1Opinion of the Court

VAN VARKENBURGH, District Judge.

This case comes before this court for the second time. 260 Fed. 641, 171 C. C. A. 405. On the first appeal the judgment of the trial court, which was in favor of defendant in error herein, was reversed, and the case was remanded for a new trial, for the reason that the statement made by the insured, in his application for life insurance, that he had not consulted nor been treated by a physician during the previous five years, when in fact he had been treated or prescribed for each year for supposedly temporary ailments, was held to be a material…

2Cases cited6 opinions

  1. Massachusetts Benefit Life Ass'n v. RobinsonSupreme Court of Georgia · 1898
  2. Mutual Life Ins. Co. of New York v. Hurni Packing Co.Court of Appeals for the Eighth Circuit · 1919
  3. Monahan v. Fidelity Mutual Life InsuranceIllinois Supreme Court · 1909
  4. Anderson v. Mut. Life Ins. Co. of N.Y.California Supreme Court · 1913
  5. Harrington v. Mutual Life InsuranceNorth Dakota Supreme Court · 1911

1 more not listed; retrieve them via the Exa API.

3Cited by27 opinions

  1. Mutual Life Insurance v. Hurni Packing Co.Supreme Court of the United States · 1923
  2. Stiegler v. Eureka Life InsuranceCourt of Appeals of Maryland · 1925
  3. Mutual Life Ins. Co. of New York v. RoseDistrict Court, E.D. Kentucky · 1923
  4. Peake v. Lincoln Nat. Life Ins. Co.Court of Appeals for the Eighth Circuit · 1926
  5. Hearin v. Standard Life Ins. Co.District Court, E.D. Arkansas · 1925

22 more not listed; retrieve them via the Exa API.

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