Legal Opinion

McClain v. Provident Sav. Life Assur. Soc. of New York

Court of Appeals for the Third Circuit

Decided June 10, 1901No. 33PublishedCited by 18 opinions

In Error to the Circuit Court of the United States for the Eastern District of Pennsylvania.

1Opinion of the Court

GRAY, Circuit Judge.

Rebecca T. McClain, the plaintiff in error, is the beneficiary named in two policies of insurance taken out by her husband, Isaac E. McClain, on his life, for $5,000 each, bearing-date May 1, 1899, and issued by the defendant company on an application signed by the insured, dated April 27, 1899. Decedent died of cancer of the stomach on October nth following. Due proofs of death were made and submitted to the defendant, who refused to pay the insurance on the ground that certain answers to questions contained in the application were warranted by him to be true, when in…

2Cases cited14 opinions

  1. Insurance Co. v. WilkinsonSupreme Court of the United States · 1872
  2. Orient Insurance v. DaggsSupreme Court of the United States · 1899
  3. Moulor v. American Life InsuranceSupreme Court of the United States · 1884
  4. National Bank v. Insurance Co.Supreme Court of the United States · 1878
  5. Phoenix Life Ins. Co. v. RaddinSupreme Court of the United States · 1887

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

3Cited by18 opinions

  1. Continental Casualty Co. v. OwenSupreme Court of Oklahoma · 1913
  2. Logan v. Provident Savings Life Assurance Society of New YorkWest Virginia Supreme Court · 1905
  3. Baltimore Life Insurance v. FloydSupreme Court of Delaware · 1915
  4. Miller v. Maryland Casualty Co.Court of Appeals for the Third Circuit · 1912
  5. Pendleton v. Great Southern Life Ins. Co.Supreme Court of Oklahoma · 1929

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

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