Legal Opinion
Rutherford v. Prudential Insurance
California Court of Appeal
Decided June 2, 1965No. Civ. 21768PublishedCited by 14 opinions
1Opinion of the Court
BRAY, J. †
Defendant appeals from a judgment, after jury trial, in favor of plaintiff for $34,800, and interest, and from an order denying defendant’s motion for judgment notwithstanding the verdict.
Questions Presented
1. Is defendant estopped from setting up as a defense any concealment or false representations by the insured?
2. Has defendant waived any misrepresentations. or concealments in the application for insurance ?
Record
On March 12, 1958, defendant executed a policy of insurance, insuring the life of Kenneth G. Rutherford for $34,800. He died of a heart attack on August 17, 1959.…
2Cases cited16 opinions
- Mutual Life Insurance Co. of New York v. Hilton-GreenSupreme Court of the United States · 1916
- Ransom v. Penn Mutual Life InsuranceCalifornia Supreme Court · 1954
- Cohen v. Penn Mutual Life InsuranceCalifornia Supreme Court · 1957
- Telford v. New York Life InsuranceCalifornia Supreme Court · 1937
- Taylor v. HawkinsonCalifornia Supreme Court · 1957
11 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Thompson v. Occidental Life InsuranceCalifornia Supreme Court · 1973
- Lunardi v. Great-West Life Assurance Co.California Court of Appeal · 1995
- Ray v. Valley Forge InsuranceCalifornia Court of Appeal · 1999
- Williamson & Vollmer Engineering, Inc. v. Sequoia InsuranceCalifornia Court of Appeal · 1976
- John Hancock Mutual Life Insurance v. SchwarzerMassachusetts Supreme Judicial Court · 1968
9 more not listed; retrieve them via the Exa API.