Legal Opinion

Vardeman v. Penn Mutual Life Insurance

Supreme Court of Georgia

Decided March 24, 1906PublishedCited by 35 opinions

Equitable petition. Before Judge Little. Muscogee superior court. June 19, 1905. Mrs. A. O. Vardeman brought suit against the Penn Mutual Life Insurance Company, and alleged: On July 31, 1902, the company issued a policy of insurance upon the life of A. O. Vardeman, agreeing to pay $1,000 to petitioner in case of the death of the insured.

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Equitable petition. Before Judge Little. Muscogee superior court. June 19, 1905. Mrs. A. O. Vardeman brought suit against the Penn Mutual Life Insurance Company, and alleged: On July 31, 1902, the company issued a policy of insurance upon the life of A. O. Vardeman, agreeing to pay $1,000 to petitioner in case of the death of the insured. When A. O. Vardeman purchased the policy it was represented to him that the second premium need not be paid until thirty days, after July 31, 1903. The insured was informed and assured by the agent of the defendant that “it was the general custom of their…

1Opinion of the CourtCobb, P. J.

' (After stating the foregoing facts.) The contract of insurance contained the following stipulation: “No alteration of this contract or waiver of any of its conditions shall be valid unless made in writing and signed by an officer of the company.”' The plaintiff in this ease sought a reformation of the contract which would alter it materially and waive one of its conditions, upon the ground that the alteration and waiver were made by “the general agent of the company at Columbus.” In the case of Hutson v. Prudential Ins. Co., 122 Ga. 847, there was a stipulation that no provision or…

2Cases cited6 opinions

  1. Raleigh & Gaston Railroad v. Pullman Co.Supreme Court of Georgia · 1905
  2. Hutson v. Prudential InsuranceSupreme Court of Georgia · 1905
  3. Haupt v. Phœnix Mutual Life Insurance Co.Supreme Court of Georgia · 1900
  4. Delie v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1881
  5. Crane v. City of JanesvilleWisconsin Supreme Court · 1866

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

3Cited by35 opinions

  1. Shippen v. FolsomSupreme Court of Georgia · 1945
  2. Grant v. HartSupreme Court of Georgia · 1944
  3. Pribble v. Aetna Life Insurance CompanyNew Mexico Supreme Court · 1972
  4. Maddox v. Life & Casualty InsuranceCourt of Appeals of Georgia · 1949
  5. Jack J. Bruce v. Travelers Insurance CompanyCourt of Appeals for the Fifth Circuit · 1959

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

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