Legal Opinion

Sawyer v. Equitable Accident Ins.

U.S. Circuit Court for the District of Eastern Wisconsin

Decided March 25, 1890PublishedCited by 8 opinions

At Law. On motions for judgment on verdict and for new trial. Action by Edgar P. Sawyer and John N. Kiel, executors of the will of Julius H. Kiel, against the Equitable Accident Insurance Company of Cincinnati, upon a policy of insurance.

1Opinion of the CourtJenkins, J.

The action is upon an accident policy of insurance issued by the defendant upon the life of Julius H. Kiel, the plaintiffs’ testator, for the sum of $10,000. One of the defenses to the action, and the only one necessary to consider at this 'time, is that, in the application upon which the policy was based, the assured stated as a fact which he warranted to be true, but which was in fact false, that his weekly income was not less than $100. At the trial the jury returned a general verdict for the plaintiffs, and, in answer to two special questions submitted, found that at the time of the…

2Cases cited9 opinions

  1. Insurance Co. v. WilkinsonSupreme Court of the United States · 1872
  2. New York Life Insurance v. FletcherSupreme Court of the United States · 1886
  3. Goodman v. SimondsSupreme Court of the United States · 1858
  4. Continental Life Insurance v. ChamberlainSupreme Court of the United States · 1889
  5. Insurance Company v. MahoneSupreme Court of the United States · 1875

4 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Mutual Ben. Life Ins. v. RobisonCourt of Appeals for the Eighth Circuit · 1893
  2. Massachusetts Bonding & Insurance v. WilliamsSupreme Court of Florida · 1936
  3. General Accident Fire and Life Assurance Corporation, Limited v. J. Ray Browne and General Casualty Company of AmericaCourt of Appeals for the Seventh Circuit · 1954
  4. Modern Woodmen of America v. International Trust Co.Colorado Court of Appeals · 1913
  5. Modern Woodmen of America v. International Trust Co.Colorado Court of Appeals · 1913

3 more not listed; retrieve them via the Exa API.

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