Thompson v. Travelers Insurance
North Dakota Supreme Court
Appeal from District Court, Barnes county; Glaspell, J. Action by May V. Thompson against the Travelers Insurance Company. Judgment for plaintiff, and defendant appeals.. The evidence is insufficient to support the verdict on the ground of good health.
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Appeal from District Court, Barnes county; Glaspell, J. Action by May V. Thompson against the Travelers Insurance Company. Judgment for plaintiff, and defendant appeals.. The evidence is insufficient to support the verdict on the ground of good health. Good health is that condition wherein the body is free from any disease or ailment which tends to shorten life or permanently impair the health; a state of health which is free from any disease or ailment that seriously affects the general healthfulness of the system. Richards on Insurance (2d Ed.),.199; Grattan v. Met. Life Ins. Co., 92 N. Y.…
1Opinion of the CourtYoung, C. J.
This case has been tried twice in the district court. On both trials the plaintiff had a verdict, and each was followed by the denial of a motion for a new trial. This is the second appeal to this court. The report of the former appeal will be found in 11 N. D. 274, 91 N. W. 75. The action is upon an insurance policy for $2,000 issued by the defendant upon the life of plaintiff’s husband. Defendant bases its denial of liability upon the following stipulation in the policy, “This policy shall not take effect unless the first premium is actually paid while the assured is in good health,” and…
2Cases cited13 opinions
- Insurance Co. v. WolffSupreme Court of the United States · 1877
- Jeffries v. Life InsuranceSupreme Court of the United States · 1875
- Piedmont, Etc. Life-Ins. Co. v. Ewing, Etc.Supreme Court of the United States · 1876
- Aetna Life Ins. Co. v. FranceSupreme Court of the United States · 1876
- Boyle v. Northwestern Mutual Relief Ass'nWisconsin Supreme Court · 1897
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3Cited by20 opinions
- Ebner v. Ohio State Life InsuranceIndiana Court of Appeals · 1918
- General Acc. Etc. Corp. v. Indus. Acc. Com.California Supreme Court · 1925
- Leisen v. St. Paul Fire & Marine InsuranceNorth Dakota Supreme Court · 1910
- Metropolitan Life Insurance v. WillisIndiana Court of Appeals · 1906
- Salts v. Prudential InsuranceMissouri Court of Appeals · 1909
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