McAlpine v. Fidelity & Casualty Co.
Supreme Court of Minnesota
Action in the district court for St. Louis county to recover $50,000 upon defendant’s policy insuring John McAlpine against death by accident.
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Action in the district court for St. Louis county to recover $50,000 upon defendant’s policy insuring John McAlpine against death by accident. The amended answer set up certain false representations by the insured, and alleged that the same were known by him to be false and were made by him with actual intent to deceive defendant, and that it relied upon the representations in issuing the policy and that the same materially affected the acceptance of the risk and hazard assumed by the defendant. The answer further alleged that defendant was informed and believed that the death of the insured…
1Opinion of the Court
Dibell, C.
Action on a policy of accident insurance on the life of John McAlpine in which his wife, the plaintiff, was the beneficiary. There was a verdict for the defendant. The court granted the plaintiff’s motion for a new trial. The defendant appeals from the order granting it.
The motion for a new trial was-based upon several grounds, including that of the insufficiency of the evidence to sustain the verdict. The court granted the motion, upon the ground that it erred in charging the jury relative to the effect upon the policy of a misrepresentation or misstatement by the insured of his…
2Cases cited34 opinions
- Whitlatch v. . Fidelity and Casualty Co.New York Court of Appeals · 1896
- Carnes v. Iowa State Traveling Men's Ass'nSupreme Court of Iowa · 1898
- Starr v. Aetna Life InsuranceWashington Supreme Court · 1905
- Seattle National Bank v. CarterWashington Supreme Court · 1895
- Price v. Standard Life & Accident InsuranceSupreme Court of Minnesota · 1903
29 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- State v. DeZelerSupreme Court of Minnesota · 1950
- Ryan v. Metropolitan Life Insurance Co.Supreme Court of Minnesota · 1939
- Hawkins v. Kronick Cleaning & Laundry Co.Supreme Court of Minnesota · 1923
- Nadeau v. MelinSupreme Court of Minnesota · 1961
- Majerus v. GuelsowSupreme Court of Minnesota · 1962
33 more not listed; retrieve them via the Exa API.