Legal Opinion

Equitable Life Assurance Society of U. S. v. Commonwealth

Court of Appeals of Kentucky

Decided November 29, 1905No. Case No. 1PublishedCited by 2 opinions

Case 69. — ACTION BY THE COMMONWEALTH OP KENTUCKY AGAINST THE EQUITABLE LIFE ASSURANCE SOCIETY OP THE! UNITED STATE'S TO RECOVER A PENALTY POR A VIOLATION OP SEC. 656, KY. STATS., IN MAKING' A DISCRIMINATION BETWEEN INSURANTS OP THE SAME CLASS. Appeal from Pulton. Circuit Court. R. J. B'ugg, Circuit Judge. Judgment for plaintiff. Defendant appeals.

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Case 69. — ACTION BY THE COMMONWEALTH OP KENTUCKY AGAINST THE EQUITABLE LIFE ASSURANCE SOCIETY OP THE! UNITED STATE'S TO RECOVER A PENALTY POR A VIOLATION OP SEC. 656, KY. STATS., IN MAKING' A DISCRIMINATION BETWEEN INSURANTS OP THE SAME CLASS. Appeal from Pulton. Circuit Court. R. J. B'ugg, Circuit Judge. Judgment for plaintiff. Defendant appeals. An insurance agent, whose sole compensation was a percentage commission of the first annual premium upon Insurance procured by him, gave the insured this commission,- contrary -to -the in-, structions and without the knowledge or sanction of the…

1Opinion of the Court

Opinion by

Judge Nunn

Reversing.

This is an appeal from a judgment of the Fulton Circuit Court assessed against the appellant for the violation of sec. 656, Ky. Stats., 1903. This section is as follows: "No life insurance company doing business in Kentucky shall make or permit any distinction or discrimination in favor of individuals between insurants of the same class' and equal expectaton of life in the amount of payment of premiums or rates charged for ‘the policies of life or endowment insurance or in the dividends or other benefit payable thereon, or in any other of the terms and conditions…

2Cases cited2 opinions

  1. Metropolitan Life Insurance v. PeopleIllinois Supreme Court · 1904
  2. Franklin Life Insurance v. People ex rel. AtwoodIllinois Supreme Court · 1903

3Cited by2 opinions

  1. Hilton v. CommonwealthCourt of Appeals of Kentucky · 1907
  2. Smith v. KleinschmidtMontana Supreme Court · 1920

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