Bucknam v. Interstate Business Men's Accident Ass'n
Supreme Court of Iowa
Appeal from Story District Court. — E. M. McCall, Judge. Suit by plaintiff on accident insurance policy or certificate, to recover $5,000. Defendant filed an equitable cross-petition, asking a rescission of the contract and that it be cancelled, because of the alleged fraud of deceased in his application, and because of a change in his occupation. The issue raised by the cross-petition was tried, and the same was dismissed on the merits, and defendant appeals.—
1Opinion of the CourtPreston, C. J.
1. Insurance : avoidance oí policy: nonspecific statement of occupation : knowledge of agent. 1. The points relied upon by appellant,' as it states them, are: First, whether there was such a fraud or mistake in the facts as to justify a rescission in equity of the entire contract; and second, whether there was a waiver on the part of the defendant of the alleged fraud or mistake. These are stated by appellee thus: (1) Was there material fraud or mistake in the statement by insured of his occupation and duties sufficient to warrant the cancellation of the certificate after his death? (2)…
2Cases cited8 opinions
- Miller v. Mutual Benefit Life InsuranceSupreme Court of Iowa · 1871
- Gotfredson v. German Commercial Accident Co.Court of Appeals for the Sixth Circuit · 1914
- Sargent v. Modern Brotherhood of AmericaSupreme Court of Iowa · 1910
- Standard Life & Accident Ins. v. FraserCourt of Appeals for the Ninth Circuit · 1896
- Hancock & Co. v. HintragerSupreme Court of Iowa · 1882
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Murray v. Preferred Accident InsuranceSupreme Court of Iowa · 1925
- Murray v. Preferred Accident InsuranceSupreme Court of Iowa · 1927
- Stephan v. Great Western Accident InsuranceSupreme Court of Iowa · 1928
- Bockes v. Union Mutual Casualty Co.Supreme Court of Iowa · 1929