Stramback v. Fidelity Mutual Life Insurance
Supreme Court of Minnesota
Action in the district court for St. Louis county to recover from defendant $3,000 on a policy of insurance issued upon the life of Charley Stramback, plaintiff’s father. Defendant denied liability under the policy, alleging that by its terms it had been forfeited by nonpayment of the stipulated premium when due. The case was tried before Dibell, J., who found in favor of defendant. From a judgment entered pursuant to the findings, plaintiff appealed.
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Action in the district court for St. Louis county to recover from defendant $3,000 on a policy of insurance issued upon the life of Charley Stramback, plaintiff’s father. Defendant denied liability under the policy, alleging that by its terms it had been forfeited by nonpayment of the stipulated premium when due. The case was tried before Dibell, J., who found in favor of defendant. From a judgment entered pursuant to the findings, plaintiff appealed. By the terms of the policy it was not to become operative or binding until payment of the initial premium and delivery of the policy to the…
1Opinion of the CourtLewis, J.
August 25, 1902, Charley Stramback made application to defendant insurance company for $3,000 insurance upon his life; his children to be the beneficiaries. The application stated that the policy to be issued should not become binding on the company until the first payment.due should have been actually received by it, or its authorized agent, during the lifetime and good health of the insured. The policy contained this provision:
This contract is made in consideration of the written application of the above named insured, which is made a part hereof, *284a copy of which is hereto attached, and the…
2Cases cited4 opinions
- McMaster v. New York Life InsuranceSupreme Court of the United States · 1901
- Methvin v. Fidelity Mutual Life Ass'nCalifornia Supreme Court · 1900
- Tibbits v. Mutual Benefit Life InsuranceIndiana Supreme Court · 1903
- Bryan v. Nat. Life Insurance AssociationSupreme Court of Rhode Island · 1899
3Cited by24 opinions
- Lentin v. Continental Assurance Co.Illinois Supreme Court · 1952
- Wolford v. National Life InsuranceSupreme Court of Kansas · 1923
- Landrigan v. Missouri State Life InsuranceMissouri Court of Appeals · 1922
- Halliday v. Equitable L. Assur. Soc.North Dakota Supreme Court · 1926
- Prudential Ins. Co. of America v. StewartCourt of Appeals for the Ninth Circuit · 1916
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