Legal Opinion

Madsen v. Maryland Cas. Co. of Baltimore

California Supreme Court

Decided July 6, 1914No. S.F. No. 6659PublishedCited by 28 opinions

The facts are stated in the opinion of the court. Myrick & Deering, and James Walter Scott, for Appellant.

1Opinion of the Court

THE COURT.

A rehearing was granted in this case for further consideration of the principal question involved,— namely, the power of a mere soliciting agent of an insurance company to effect the waiver of a warranty exacted from the insured by the insurer, either expressly, or, as here, by him self writing the application for insurance and embodying a known false statement touching such warranty therein. Still further, a rehearing was granted because the identical question was before the court in another case, that of Sharman v. Continental Ins. Co., 167 Cal. 117, [138 Pac. 708], The decision…

2Cases cited16 opinions

  1. Bostwick v. Mutual Life Insurance Co.Wisconsin Supreme Court · 1903
  2. Quinlan v. Providence Washington InsuranceNew York Court of Appeals · 1892
  3. Cleaver v. Traders' InsuranceMichigan Supreme Court · 1887
  4. Modern Woodmen v. TevisCourt of Appeals for the Eighth Circuit · 1902
  5. Iverson v. Metropolitan Life Etc. Co.California Supreme Court · 1907

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

3Cited by28 opinions

  1. Los Angeles Investment Co. v. Home Savings Bank of Los AngelesCalifornia Supreme Court · 1919
  2. Matsuo Yoshida and Chisato Yoshida v. Liberty Mutual Insurance Company, a CorporationCourt of Appeals for the Ninth Circuit · 1957
  3. Valdez v. Taylor Automobile Co.California Court of Appeal · 1954
  4. Telford v. New York Life InsuranceCalifornia Supreme Court · 1937
  5. Golden Gate Motor Transport Co. v. Great American Indemnity Co.California Supreme Court · 1936

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

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