Waltner v. Educational Mutual Benefit Ass'n
South Dakota Supreme Court
1Opinion of the CourtFolley, J.
Action to recover on a life insurance policy that was issued by defendant to Mrs. Lydia Waltner. The plaintiff, Peter J. Whltner, was the husband of Lydia Waltner, and the beneficiary named in the policy. The defendant is a Mutual Assessment insurance company. 'No medical or physical examination of the insured was required by the defendant and the validity of the policy was made to depend upon the truthfulness of the material statements made in a questionnaire.
Questions numbered 12, 13 and: 14 of the questionnaire are as follows:
No. 12: “Q. Have you within the past five years received medical…
2Cases cited5 opinions
- Life & Casualty Ins. v. KingTennessee Supreme Court · 1917
- New York Life Ins. v. WertheimerDistrict Court, N.D. Ohio · 1920
- Hohenthaner v. Mutual Life InsuranceSouth Dakota Supreme Court · 1933
- Damgaard v. South Dakota Benevolent SocietySouth Dakota Supreme Court · 1934
- Rumbolz v. American Alliance InsuranceSouth Dakota Supreme Court · 1933
3Cited by3 opinions
- Ivory v. Reserve Life Insurance CompanySouth Dakota Supreme Court · 1960
- Norwick v. United Security Life CompanySouth Dakota Supreme Court · 1967
- Norwick v. United Security Life CompanySouth Dakota Supreme Court · 1967