Provident Sav. Life Assur. Soc. of New York v. Llewellyn
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the Southern Division of the Eastern District of Tennessee. Statement by TAFT, Circuit Judge: This was a proceeding in error to reverse 1be judgment of the circuit court of the United States for the eastern district of Tennessee in favor of II.
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In Error to the Circuit Court of the United States for the Southern Division of the Eastern District of Tennessee. Statement by TAFT, Circuit Judge: This was a proceeding in error to reverse 1be judgment of the circuit court of the United States for the eastern district of Tennessee in favor of II. Llewellyn, guardian of Mai tie C. McGaughey and Edith G. McGaughey, and of Sarah R. McGaughey in her own right against the Provident Savings Life Assurance Society of New York, upon a policy of insurance on the life of Edward AV. McGaughey, the father of the persons for whose benefit the action was…
1Opinion of the CourtTaft, Circuit Judge
The uncontradicted evidence showed that the insured had had delirium tremens before making his application for a policy. Two months after taking out his policy he died from exhaustion and heart failure, following a debauch. Even if the statements in the *942application are to be treated, not as warranties but only as representations, in making- which -the applicant was merely bound to good faith, and even if the law requires that the materiality of the representations should appear to render their falsity a good defense,, we think that it -was* the duty of the court in this case to direct a…
2Cases cited3 opinions
- Moulor v. American Life InsuranceSupreme Court of the United States · 1884
- Foot v. Ætna Life Insurance Co. of HartfordNew York Court of Appeals · 1875
- Clemans v. Supreme Assembly Royal Society of Good FellowsNew York Court of Appeals · 1892
3Cited by6 opinions
- Penn Mut. Life Ins. v. Mechanics' Savings Bank & Trust Co.Court of Appeals for the Sixth Circuit · 1896
- McDermott v. Modern Woodmen of AmericaMissouri Court of Appeals · 1903
- Standard Life & Accident Ins. v. SaleCourt of Appeals for the Sixth Circuit · 1903
- Home Life Ins. Co. v. MyersCourt of Appeals for the Eighth Circuit · 1901
- Mutual Life Insurance v. ArhelgerArizona Supreme Court · 1894
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