Schas v. Equitable Life Insurance
Supreme Court of North Carolina
Appeal by defendant from Garter, Jat September Term, 1913, of BuNOOmbe. This is an action upon a policy of insurance issued 8 January, 1912, by defendant to Lewis Schas, for the benefit of his mother, the plaintiff, Fannie Schas.
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Appeal by defendant from Garter, Jat September Term, 1913, of BuNOOmbe. This is an action upon a policy of insurance issued 8 January, 1912, by defendant to Lewis Schas, for the benefit of his mother, the plaintiff, Fannie Schas. Lewis Schas died about 3 September, 1912. Defendant alleged that he committed suicide, and that he obtained the said policy by falsely representing to the' defendant that, at the time of its delivery, he was then in good health, whereas he was suffering from a serious ailment, attended with nervous derangement and indigestion, which was the result of his own .evil…
1Opinion of the Court
Walker, J.,
after stating the case: This case has been tried upon the wrong theory. It is a mistake to suppose that a false representation of a material fact will not vitiate the policy unless it involves actual fraud or moral turpitude. This is not the rule we have adopted in such cases. We need not inquire whether there was a moral or intentional wrong, for if the representation made in the application was false and material, and the jury so find, and the company was ignorant of its falsity, and it is such representation as would have influenced the action of the company upon the…
2Cases cited11 opinions
- New York Life Insurance v. FletcherSupreme Court of the United States · 1886
- Gardner v. North State Mutual Life InsuranceSupreme Court of North Carolina · 1913
- Bryant v. Metropolitan Life InsuranceSupreme Court of North Carolina · 1908
- Fishblate v. Fidelity Co.Supreme Court of North Carolina · 1906
- Cuthbertson v. North Carolina Home InsuranceSupreme Court of North Carolina · 1887
6 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Volunteer State Life Ins. v. RichardsonTennessee Supreme Court · 1922
- Mutual Life Ins. v. DibrellTennessee Supreme Court · 1916
- Tolbert v. Mutual Benefit Life InsuranceSupreme Court of North Carolina · 1952
- Goodwin v. Investors Life Insurance Co. of North AmericaSupreme Court of North Carolina · 1992
- Jones v. Home Security Life Insurance CompanySupreme Court of North Carolina · 1961
23 more not listed; retrieve them via the Exa API.