Legal Opinion

Mutual Life Ins. v. Vaughan

Mississippi Supreme Court

Decided March 15, 1921No. 21263PublishedCited by 18 opinions

Appeal from circuit court of Montgomery county. Hon. Thos. L. Lamb, Judge. Action by Mrs. Margaret B. Vaughan against Mutual Life Insurance Company of New York. Judgment for plaintiff, and defendant appeals. It is lawful for an insurance company to stipulate in any contract executed in its behalf that the provisions therefor cannot be waived by notice or representation unless given to or made by one of its principal officers.

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Appeal from circuit court of Montgomery county. Hon. Thos. L. Lamb, Judge. Action by Mrs. Margaret B. Vaughan against Mutual Life Insurance Company of New York. Judgment for plaintiff, and defendant appeals. It is lawful for an insurance company to stipulate in any contract executed in its behalf that the provisions therefor cannot be waived by notice or representation unless given to or made by one of its principal officers. This applies in the case at bar especially: (a) To the contractual terms of the application and the terms of the alleged policy providing that no agent or other person…

1Opinion of the Court

Ethridge, J.,

delivered the. opinion of the court.

This is an appeal from a judgment of the circuit court against the appellant for two thousand dollars. The facts briefly stated are as follows: In June, 1918, plaintiff’s husband, Albert Truly Vaughan, applied in writing to the appellant for two five-year term policies of life insurance on his life, in the sum of two thousand dollars each, payable. on his death to his wife. The application contained, among other things, a provision that the policy should not take effect unless and until the first premium shall have been paid during the…

2Cases cited3 opinions

  1. Stewart v. Coleman & Co.Mississippi Supreme Court · 1919
  2. Britton v. . Insurance Co.Supreme Court of North Carolina · 1914
  3. Britton v. Metropolitan Life InsuranceSupreme Court of North Carolina · 1914

3Cited by18 opinions

  1. Saucier v. Life & Casualty Ins.Mississippi Supreme Court · 1940
  2. Travelers' Fire Ins. v. PriceMississippi Supreme Court · 1934
  3. Johnson v. Prudential Life InsuranceOregon Supreme Court · 1926
  4. Lamar Life Ins. Co. v. KempMississippi Supreme Court · 1929
  5. National Life & Accident Ins. v. GreenMississippi Supreme Court · 1941

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