New York Life Insurance v. Adams
Supreme Court of Arkansas
Appeal from Phillips Circuit Court; J. M. Jackson, Judge; Tbe policy lapsed and a reinstatement was bad, wbicb reinstatement was rescinded when tbe company discovered tbe false statements contained in tbe application tberefor.
Read the full summary
Appeal from Phillips Circuit Court; J. M. Jackson, Judge; Tbe policy lapsed and a reinstatement was bad, wbicb reinstatement was rescinded when tbe company discovered tbe false statements contained in tbe application tberefor. Tbe period of incontestability provided in tbe policy therefore related from tbe date of tbe reinstatement, which was in effect tbe making of a new contract, tbe old one having become ineffective, and not from tbe date of tbe original policy. 206 Fed. 20, 46 L. R. A. (N. S.) 1056; 83 Fed. 631; 159 N. Y. 411; 220 N. Y. 447; 115 Tenn. 471. Tbe reinstatement of tbe policy…
1Opinion of the CourtMcCulloch, C. J.
This is an action on a life insurance policy issued by appellant on the life of Richard H. Adams, payable to his wife, the appellee. Payment is resisted on the ground that there was a forfeiture for non-payment of an annual premium, that thereafter, in accordance with the terms of the policy, there was a reinstatement, but that the reinstatement was void on account of breach of warranty by false statements concerning the state of health of the assured and the attendance of physicians. The case was tried before a jury in the court below, but the court gave a peremptory instruction in favor of…
2Cases cited6 opinions
- Pacific Mutual Life Insurance v. CarterSupreme Court of Arkansas · 1909
- New York Life Ins. v. BakerCourt of Appeals for the Eighth Circuit · 1897
- Remmel v. GriffinSupreme Court of Arkansas · 1907
- Gray v. StoneSupreme Court of Arkansas · 1912
- Padrnos v. Century Fire Ins.Supreme Court of Iowa · 1909
1 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Powell v. Mutual Life Insurance Co. of New YorkIllinois Supreme Court · 1924
- Security Life Insurance Company v. LeeperSupreme Court of Arkansas · 1926
- Foster v. Dierks Lumber & Coal Co.Supreme Court of Arkansas · 1927
- Life Cas. Ins. Co. of Tennessee v. McCraySupreme Court of Arkansas · 1933
- Rothschild v. N. Y. Life InsuranceSuperior Court of Pennsylvania · 1932
22 more not listed; retrieve them via the Exa API.