Franklin Life Insurance v. Galligan
Supreme Court of Arkansas
Appeal from Jefferson County Circuit Court. Antonio B. Grace, Judge. Consolidated actions by R. A. Galligan and W. P. Lawton against the Franklin Life Insurance Company. From a judgment for plaintiff Galligan, defendant and the other plaintiff appeal. STATEMENT BY THE COURT.
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Appeal from Jefferson County Circuit Court. Antonio B. Grace, Judge. Consolidated actions by R. A. Galligan and W. P. Lawton against the Franklin Life Insurance Company. From a judgment for plaintiff Galligan, defendant and the other plaintiff appeal. STATEMENT BY THE COURT. On March 6, 1899, the Merchants’ Insurance Company of the United States, a Missouri corporation, with general offices in St. Louis, Mo., issued and delivered to one Stephen Galligan its policy of insurance, by which it agreed to pay the beneficiary therein named the sum of $3,000 upon proof of death of said Galligan. The…
1Opinion of the Court
Wood, J.,
(after stating the facts). By the contract of insurance the answers given in the application are warranties. If untrue, they avoid the policy. But they must be construed in the sense contemplated by the parties to the contract. By the questions, “How long since you were attended by a physician, or had occasion to consult one?” “State the nature, gravity, and duration of the ailment or disease,” and “Give the name and address of that physician,” and the answers thereto, the parties had, in view some ailment or disease that would affect the contract of insurance. They did not,…
2Cases cited10 opinions
- Miller v. Mutual Benefit Life InsuranceSupreme Court of Iowa · 1871
- Insurance Co. v. BrodieSupreme Court of Arkansas · 1889
- Providence Life Assurance Society v. ReutlingerSupreme Court of Arkansas · 1894
- Pudritzky v. Supreme Lodge Knights of HonorMichigan Supreme Court · 1889
- State Mutual Fire Insurance v. Brinkley Stave & Heading Co.Supreme Court of Arkansas · 1895
5 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Indiana National Life Insurance v. McGinnisIndiana Supreme Court · 1913
- Metropolitan Life Insurance Company v. ShaneSupreme Court of Arkansas · 1911
- American Bonding Co. v. MorrowSupreme Court of Arkansas · 1906
- Mann v. Policyholders' National Life InsuranceNorth Dakota Supreme Court · 1952
- Mutual Aid Union v. BlacknallSupreme Court of Arkansas · 1917
34 more not listed; retrieve them via the Exa API.