Fidelity Mutual Life Insurance v. Elmore
Mississippi Supreme Court
Appeal from the circuit court of Grenada county. Hon. J. A. Teat, Judge. Suit by L. R. Elmore, administrator, against the Fidelity Mutual Life Insurance Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. We plank this case squarely upon two propositions, both of which are admitted to be true: First, the deceased at the date of the delivery of the policy was not in good health.
Read the full summary
Appeal from the circuit court of Grenada county. Hon. J. A. Teat, Judge. Suit by L. R. Elmore, administrator, against the Fidelity Mutual Life Insurance Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. We plank this case squarely upon two propositions, both of which are admitted to be true: First, the deceased at the date of the delivery of the policy was not in good health. This voids the policy absolutely, or rather by reason of this fact, the policy never had any legal effect — ' the applicant being in good health was a…
1Opinion of the CourtCook, P. J.
This suit was instituted by appellee, administrator of the estate of Jas. A. Elmore, deceased, to recover on a policy of insurance issued by appellant upon the life of the deceased. There was a verdict for the plaintiff, and from the judgment rendered thereon the defendant prosecuted this appeal.
The application for the policy was made on April 10', 1912; and on the next day appellant’s medical examiner examined the applicant. About' a month later the policy was delivered to and accepted by the applicant. Shortly after the delivery of the policy it was discovered that the assured was afflicted…
2Cases cited1 opinion
- Citizens' Nat. Life Ins. v. SwordsMississippi Supreme Court · 1915
3Cited by15 opinions
- Prudential Insurance Co. of America v. KudobaSupreme Court of Pennsylvania · 1936
- Mathews v. Metropolitan Life Insurance CompanySupreme Court of Florida · 1956
- Combs v. Equitable Life Ins. Co. of IowaCourt of Appeals for the Fourth Circuit · 1941
- New York Life Ins. v. SmithMississippi Supreme Court · 1922
- New York Life Ins. Co. v. GreshamMississippi Supreme Court · 1934
10 more not listed; retrieve them via the Exa API.