Robinson v. Northwestern National Insurance
Supreme Court of Minnesota
Appeal by defendant from an order of the district court for Hennepin county, Pond, J., denying a motion for a new trial, after a trial and verdict in favor of plaintiff for $5,352.50. If the contract of insurance required proofs to be made within ninety days after the death of the insured, defendant waived that requirement by demanding claimant’s return letter and by representing on the blanks a different time limit. McCarvel v. Phenix Ins.
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Appeal by defendant from an order of the district court for Hennepin county, Pond, J., denying a motion for a new trial, after a trial and verdict in favor of plaintiff for $5,352.50. If the contract of insurance required proofs to be made within ninety days after the death of the insured, defendant waived that requirement by demanding claimant’s return letter and by representing on the blanks a different time limit. McCarvel v. Phenix Ins. Co., 64- Minn. 193; Hamilton v. Liverpool, L. & G. Ins. Co., 136 U. S. 242; Illinois v. Baker, 153 111. 240; Bridges v. National Union, 73 Minn. 486;…
1Opinion of the CourtEoveey, J.
Action on a life insurance policy in favor of the widow of the insured policy holder. A verdict was returned for plaintiff. Motion for judgment or a new trial was denied. Defendant appeals.
The policy was issued by the Northern Life Association of Marshall-town, Iowa, and thereafter assumed by defendant. The defense relied solely upon the alleged failure of the' beneficiary to furnish proofs of *381death within the time limited by the terms of the application for insurance.
Several questions discussed on the argument here are not considered material, since we shall adopt the claim of the defendant…
2Cases cited5 opinions
- Kickland v. Menasha Wooden Ware Co.Wisconsin Supreme Court · 1887
- Plath v. Minnesota Farmers' Mutual Fire InsuranceSupreme Court of Minnesota · 1877
- Alworth v. GordonsSupreme Court of Minnesota · 1900
- Benedict v. Grand Lodge A. O. U. W.Supreme Court of Minnesota · 1892
- Thorson v. St. Paul Fire & Marine InsuranceSupreme Court of Minnesota · 1884
3Cited by1 opinion
- Hoban v. HudsonSupreme Court of Minnesota · 1915