Keatley v. Grand Fraternity
Superior Court of Delaware
Action of Covenant (Same case heard on demurrers to pleas and replications, ante 267, 78 Atl. 874, also writ of error to judgment in this case, 3 Boyce — .) This action was brought by the plaintiff, who was the widow of William J. Keatley, deceased, to recover the sum of two thousand dollars insurance, under a death benefit certificate of membership issued by the defendant to the plaintiff’s husband in which she was named as the sole beneficiary.
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Action of Covenant (Same case heard on demurrers to pleas and replications, ante 267, 78 Atl. 874, also writ of error to judgment in this case, 3 Boyce — .) This action was brought by the plaintiff, who was the widow of William J. Keatley, deceased, to recover the sum of two thousand dollars insurance, under a death benefit certificate of membership issued by the defendant to the plaintiff’s husband in which she was named as the sole beneficiary. Payment was refused on the ground that the deceased made untrue answers in his application for membership and was at the time in bad health. At the…
1Opinion of the CourtBoyce, J.
It occurs to the court that the suggestion made by counsel for plaintiff in their objection may be brought out in cross examination. We overrule the objection.
A. Basing my opinion upon what is contained in the question, and assuming that these observations were correctly made, I would suspect diabetes mellitis.
Q. What, in your opinion, was the nature of the disease, if any, that affected such person in June, 1908, and March, 1909, with respect to its seriousness and progressiveness or otherwise?
(Objected to by counsel for plaintiff on the same ground as before stated. Objection overruled.)
A.…
2Cases cited20 opinions
- Wayman v. SouthardSupreme Court of the United States · 1825
- Pritchard v. NortonSupreme Court of the United States · 1882
- Penn Mut. Life Ins. v. Mechanics' Savings Bank & Trust Co.Court of Appeals for the Sixth Circuit · 1896
- March v. Metropolitan Life InsuranceSupreme Court of Pennsylvania · 1898
- Barnes v. Fidelity Mutual Life Ass'nSupreme Court of Pennsylvania · 1899
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3Cited by5 opinions
- Rollins Environmental Services, Inc. v. WSMW Industries, Inc.Superior Court of Delaware · 1980
- Marcus v. Heralds of LibertySupreme Court of Pennsylvania · 1913
- Superior Tube Co. v. Delaware Aircraft Industries, Inc.District Court, D. Delaware · 1945
- Metropolitan Mutual Fire Insurance v. Carmen Holding Co.Supreme Court of Delaware · 1966
- Baltimore Life Insurance v. FloydSuperior Court of Delaware · 1914