United States Life Ins. v. Smith
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the Eastern District of Tennessee. This is an action upon a policy of life insurance issued by the United States Life Insurance Company of New York upon the life of Joseph Smith; the beneficiary being- Minnie J. Smith, wife of the assured.
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In Error to the Circuit Court of the United States for the Eastern District of Tennessee. This is an action upon a policy of life insurance issued by the United States Life Insurance Company of New York upon the life of Joseph Smith; the beneficiary being- Minnie J. Smith, wife of the assured. The policy was for $5,000, issued April 1, 1895. The assured died September 25, 1895. All liability was denied by the company, and suit was brought in the circuit court lor the county of Hamilton, state of Tennessee, and removed therefrom by the company upon the ground of diversity of citizenship. The…
1Opinion of the CourtLuetoh, Circuit Judge
The controlling question in the case is as to the effect upon the contract of insurance of the untrue answer of the insured to the question in respect to former applications for insurance. That question was in these words:
“Has an application ever been made for an insurance on this life, on which a policy was not issued for the full amount and of the same kind as applied for, and at ordinary rates?”
This the insured answered, “Ho.”
*505The fact was not disputed that the insured had had three separate applications for life insurance rejected, and yet he answered this question in such way as to…
2Cases cited7 opinions
- Insurance Co. v. WilkinsonSupreme Court of the United States · 1872
- New York Life Insurance v. FletcherSupreme Court of the United States · 1886
- Continental Life Insurance v. ChamberlainSupreme Court of the United States · 1889
- Insurance Company v. MahoneSupreme Court of the United States · 1875
- Jones v. Insurance Co.Tennessee Supreme Court · 1891
2 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Parsons, Rich & Co. v. LaneSupreme Court of Minnesota · 1906
- Mutual Life Ins. v. DibrellTennessee Supreme Court · 1916
- Home Ins. Co. v. Ciconett. Ciconett v. Home Ins. CoCourt of Appeals for the Sixth Circuit · 1950
- Taylor v. Grand LodgeSupreme Court of Minnesota · 1905
- Keeton v. Jefferson Standard Life Ins. Co.Court of Appeals for the Fourth Circuit · 1925
16 more not listed; retrieve them via the Exa API.