Tourtellotte v. New York Life Insurance
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for La Crosse county: E. C. IIigbee, Circuit- Judge. Action to recover tbe amount of $8,160 claimed to be due on an insurance policy, less tbe sum of $3,420 admitted, to be owing from plaintiff Touriellotte to defendant upon a loan evidenced by bis note. In 1892 tbe plaintiff Tourbelr lotte made application to tbe defendant for a distribution policy of $10,000 with a special guaranty and mortuary dividend.
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Appeal from a judgment of tbe circuit court for La Crosse county: E. C. IIigbee, Circuit- Judge. Action to recover tbe amount of $8,160 claimed to be due on an insurance policy, less tbe sum of $3,420 admitted, to be owing from plaintiff Touriellotte to defendant upon a loan evidenced by bis note. In 1892 tbe plaintiff Tourbelr lotte made application to tbe defendant for a distribution policy of $10,000 with a special guaranty and mortuary dividend. Tbe policy of insurance, in tbe usual form, numbered 454,346, was delivered to him pursuant to tbe application. Tbe policy contained, among other…
1Opinion of the CourtViNJE, J.
Tbe question raised by tbe appeal is, Does the-statement, Exhibit 2, treating it as a part of tbe contract of insurance, change tbe policy so as to make it' guarantee or promise a cash value of $8,160 at maturity ? The trial court held that it did not. Was such ruling correct? Tbe statement purports to do nothing but illustrate or explain tbe contract. It contains no words of promise or guaranty. It does not even guarantee an option between the six different methods of settlement, for it says tbe contract (as expressed therein) does that. Then it proceeds to illustrate the three principal of’…
2Cases cited4 opinions
- Timlin v. Equitable Life Assurance Society of the United StatesWisconsin Supreme Court · 1910
- Langdon v. Northwestern Mutual Life InsuranceNew York Court of Appeals · 1910
- Grange v. Penn Mutual Life InsuranceSupreme Court of Pennsylvania · 1912
- Untermyer v. Mutual Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1908
3Cited by8 opinions
- Forman v. Mutual Life InsuranceCourt of Appeals of Kentucky · 1917
- Kaley v. Northwestern Mutual Life InsuranceNebraska Supreme Court · 1918
- Legare v. West Coast Life InsuranceCalifornia Court of Appeal · 1931
- Luellen v. New York Life InsuranceMichigan Supreme Court · 1918
- Truly v. Mutual Life Ins.Mississippi Supreme Court · 1914
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