Legal Opinion

Noem v. Equitable Life Insurance Co. of Iowa

South Dakota Supreme Court

Decided April 11, 1916No. File No. 3676PublishedCited by 15 opinions

Appeal from Circuit Court, Brookings County. Hon. Carl G. Sherwood, Judge. Upon reih'earing.

1Opinion of the CourtGates, J.

In July, 1915, this -court rendered* an opinion in the above-entitled: cause. 35 S. D. 593, 153 N. W. 652. The cause is now before us upon a petition for rehearing. We frankly acknowledge that in preparing that opinion we overlooked certain allegations of the complaint which rendered the South Dakota standard1 form of life insurance, policy inapplicable to this case. This being an appeal from an order overruling- a demurrer ' to the complaint, the facts 'alleged in the complaint must be taken to -be true, and, as the former opinion ignored certain of those facts, it is now disavowed as…

2Cases cited16 opinions

  1. Grigsby v. RussellSupreme Court of the United States · 1911
  2. Hartford Life Annuity Insurance v. UnsellSupreme Court of the United States · 1892
  3. Smiley v. BarkerCourt of Appeals for the Eighth Circuit · 1897
  4. Washburn v. Union Central Life InsuranceSupreme Court of Alabama · 1904
  5. Mee v. Bankers' Life Ass'nSupreme Court of Minnesota · 1897

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3Cited by15 opinions

  1. Western Casualty & Surety Co. v. American National Fire Insurance Co.South Dakota Supreme Court · 1982
  2. A-G-E Corp. v. State Ex Rel. State Department of TransportationSouth Dakota Supreme Court · 2006
  3. Phipps v. First Federal Savings & Loan Ass'n of BeresfordSouth Dakota Supreme Court · 1989
  4. Faris v. American National Assurance Co.California Court of Appeal · 1919
  5. Wieczorek v. Farmers' Mutual Hail InsuranceSouth Dakota Supreme Court · 1933

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