Loftis v. Pacific Mutual Life Insurance
Utah Supreme Court
Action by Adclie B. Loftis, administratrix of Thomas J. Loftis, deceased, against tbe Pacific Mutual Life Insurance Company of California. Judgment for plaintiff. Defendant appeals. APPELLANT’S POINTS. Tbe rule is that when a party relies upon a waiver of the. performance of an act upon which his right of action depends, such waiver must be specially pleaded.
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Action by Adclie B. Loftis, administratrix of Thomas J. Loftis, deceased, against tbe Pacific Mutual Life Insurance Company of California. Judgment for plaintiff. Defendant appeals. APPELLANT’S POINTS. Tbe rule is that when a party relies upon a waiver of the. performance of an act upon which his right of action depends, such waiver must be specially pleaded. (Aronson v. Frankfurt Accident P. G. Co. [Cal.], 99 Pac. 539; 'McCormack v. Insurance Co., 78 Cal. 468; German Insurance Co. v. Shader [Neb.], 96 N. W. 604; German Ins. Co. v. Daniels [Tex.], 33 S. W. 550; Insurance Co. v. Cape-hart, 108…
1Opinion of the CourtFeick, C. J.
This is an action to recover on an accident policy issued by tbe appellant to one- Thomas J. Loftis, hereafter called the “insured,” whose death was caused by an accident contemplated by the terms of the policy. The action was brought by respondent, as administratrix of the estate of the insured, for the benefit of herself, as the beneficiary named in the policy. In her complaint she in substance alleged the issuance of the policy, the accidental death of the insured, and that all conditions of the policy had been performed by him. The principal defense interposed by appellant, and the only…
2Cases cited19 opinions
- Insurance Co. v. WilkinsonSupreme Court of the United States · 1872
- Insurance Co. v. NortonSupreme Court of the United States · 1878
- Phoenix Ins. Co. v. DosterSupreme Court of the United States · 1882
- James v. Mutual Reserve Fund Life Ass'nSupreme Court of Missouri · 1899
- Knarston v. Manhattan Life InsuranceCalifornia Supreme Court · 1903
14 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Sentinel Fire Insurance v. McRobertsCourt of Appeals of Georgia · 1934
- Equitable Life Assurance Society of the United States v. PettidArizona Supreme Court · 1932
- Calhoun v. Universal Credit Co.Utah Supreme Court · 1944
- Parker v. California State Life Ins. Co.Utah Supreme Court · 1935
- Jones v. New York Life Ins. Co.Utah Supreme Court · 1926
26 more not listed; retrieve them via the Exa API.