Plotner v. Northwestern National Life Insurance
North Dakota Supreme Court
Appeal from a judgment of the District Court of Williams county, and from an order denying judgment in defendant’s favor on the special -verdict, Fisk, J. “No oral or written misrepresentations made in the negotiation of a contract or policy of insurance by the insured or in his behalf shall be deemed material or defeat or avoid the policy or prevent its áttaching, unless such misrepresentation is made with actual intent to deceive, or unless the matter misrepresented…
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Appeal from a judgment of the District Court of Williams county, and from an order denying judgment in defendant’s favor on the special -verdict, Fisk, J. “No oral or written misrepresentations made in the negotiation of a contract or policy of insurance by the insured or in his behalf shall be deemed material or defeat or avoid the policy or prevent its áttaching, unless such misrepresentation is made with actual intent to deceive, or unless the matter misrepresented increased the risk of loss.” Compiled Laws, § 6501; Soules v. B. of Am. Yeoman, 19 N. D. 23; 120 N. W. 760; Donohue v. Mutual…
1Opinion of the CourtGrace, J.
This is an appeal from a judgment in plaintiff’s favor, for $2,200.45, entered on a special verdict, and from an order denying judgment in defendant’s favor on a special verdict.
The action was brought to recover on a joint policy of life insurance, *297issued by the defendant to plaintiff and wife on the 28th day of July, ,1919. The complaint is in the ordinary form in such cases.
The answer admits that defendant is a foreign corporation, engaged in business in its special line, in the state of North Dakota, and that plaintiff and Amelia Victoria Plotner were, prior to the 28th day of July, T919,…
2Cases cited12 opinions
- Anderson v. Mut. Life Ins. Co. of N.Y.California Supreme Court · 1913
- Hubbard v. Mutual Reserve Fund Life Ass'nCourt of Appeals for the First Circuit · 1900
- Baldi v. Metropolitan InsuranceSuperior Court of Pennsylvania · 1902
- Tierney v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1885
- Perry v. John Hancock Mutual Life-InsuranceMichigan Supreme Court · 1906
7 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Priest v. Kansas City Life InsuranceSupreme Court of Kansas · 1925
- New England Mutual Life Insurance v. DoeNew York Court of Appeals · 1999
- Reliance Life Insurance Co. v. ThayerSupreme Court of Oklahoma · 1921
- Robbins v. New York Life Ins. Co.Court of Appeals of Tennessee · 1934
- Mutual Life Insurance v. Insurance CommissionerCourt of Appeals of Maryland · 1999
5 more not listed; retrieve them via the Exa API.