Hartwig v. Ætna Life Insurance
Wisconsin Supreme Court
Appeau from a judgment of tbe circuit court for Ozaukee county: MabtiN ,L. Lueoe, Circuit Judge. Action by the beneficiary in an accident insurance policy to recover thereon.
Read the full summary
Appeau from a judgment of tbe circuit court for Ozaukee county: MabtiN ,L. Lueoe, Circuit Judge. Action by the beneficiary in an accident insurance policy to recover thereon. The claim of plaintiff was that defendant, prior to September 12, 1914-, issued to Max H. Hartwig one of its accident insurance policies, in which she, his wife, was named as beneficiary, insuring him against accidental death in the sum of •$5,000, the insured to pay the premium therefor in the customary time; that the policy was in full force on such date when the assured came to his death from a cause within the risks…
1Opinion of the Court
*25Tbe following opinion was filed June 13, 1916:
Maeshall, J.
A few Well settled principles of law'govern tbis case, if tbe findings are sustained by tbe evidence.
If a person applies to an insurance company for a policy of insurance, tbe application is accepted, and policy is unconditionally deposited in tbe postoffice, addressed to tbe applicant, either by tbe company direct or through its agent, be, later, to pay tbe premium therefor, and there is nothing to tbe contrary expressed in tbe policy, a binding contract of insurance is thereby made. Richards, Ins. (3d ed.) p. 99, note; Armstrong v.…
2Cases cited6 opinions
- Triple Link Mutual Indemnity Ass'n v. WilliamsSupreme Court of Alabama · 1898
- Commonwealth Mutual Fire Insurance v. William Knabe & Co. Manufacturing Co.Massachusetts Supreme Judicial Court · 1898
- Tomsecek v. Travelers' Insurance Co.Wisconsin Supreme Court · 1902
- Hartford S. B. I. & Ins. v. Lasher Stocking Co.Supreme Court of Vermont · 1894
- Armstrong v. Mutual Life InsuranceSupreme Court of Iowa · 1903
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Gaines v. Berkshire Life InsuranceMissouri Court of Appeals · 1933
- Peterson v. Truck Insurance ExchangeWisconsin Supreme Court · 1974
- Metzger v. Ætna InsuranceAppellate Division of the Supreme Court of the State of New York · 1930
- Wagener v. Old Colony Life InsuranceWisconsin Supreme Court · 1919
- De Groot v. Mutual Life Insurance Co. of New YorkWisconsin Supreme Court · 1923
5 more not listed; retrieve them via the Exa API.