Spaulding v. Mutual Life Insurance
Supreme Court of Vermont
Action op Contract on a life insurance policy, Answer: A denial of some of the facts alleged in the declaration; a special statement in defence that the contract never took effect as a binding contract of insurance by reason of certain unfulfilled conditions precedent therein contained; and further special statements in defence of fraudulent representations, breach of warranty, and concealment by the insured of and respecting facts material to the risk in his application for…
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Action op Contract on a life insurance policy, Answer: A denial of some of the facts alleged in the declaration; a special statement in defence that the contract never took effect as a binding contract of insurance by reason of certain unfulfilled conditions precedent therein contained; and further special statements in defence of fraudulent representations, breach of warranty, and concealment by the insured of and respecting facts material to the risk in his application for insurance. Trial by jury at the March Term, 1916, Washington County, Butler, J., presiding. Verdict and judgment for…
1Opinion of the CourtTaylor, J.
This is an action of assumpsit on a contract of insurance on the life of Orvie M. Jones, deceased. Before trial the declaration was amended by striking out the name of the administrator, and the cause proceeded on behalf of the beneficiaries, who were the widow and the children of the deceased. Trial was by jury, with verdict and judgment for the plaintiffs for the amount due under the terms of the pqlicy. The case is here on exceptions by the defendant.
The application for insurance was made August 14, 1914, the insured was examined by the defendant’s medical examiner the next day, and the…
2Cases cited50 opinions
- Patton v. Texas & Pacific Railway Co.Supreme Court of the United States · 1901
- Delaware, Lackawanna & Western Railroad v. ConverseSupreme Court of the United States · 1891
- People's Savings Bank v. BatesSupreme Court of the United States · 1887
- Union Central Life Ins. v. PollardSupreme Court of Virginia · 1896
- Dilleber v. . Home Life Insurance Co.New York Court of Appeals · 1877
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3Cited by41 opinions
- Wellman, Admr. v. WalesSupreme Court of Vermont · 1925
- State v. RoundsSupreme Court of Vermont · 1932
- Antley v. New York Life InsuranceSupreme Court of South Carolina · 1927
- Duchaine, B.N.F. v. RaySupreme Court of Vermont · 1939
- Cummings v. Connecticut General Life InsuranceSupreme Court of Vermont · 1928
36 more not listed; retrieve them via the Exa API.