Metropolitan L. I. Co. v. Goodman
Alabama Court of Appeals
Appeal from Montgomery City Court. Heard before Hon. Gaston Gunter. Action by Nancy E. Goodman against the Metropolitan Life Insurance Company on a policy issued by it on the life of Lewis M. Goodman in which she was named as beneficiary. Judgment for plaintiff and defendant appeals.
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Appeal from Montgomery City Court. Heard before Hon. Gaston Gunter. Action by Nancy E. Goodman against the Metropolitan Life Insurance Company on a policy issued by it on the life of Lewis M. Goodman in which she was named as beneficiary. Judgment for plaintiff and defendant appeals. The existence of the policy was made dependent by agreement of the parties, not upon what the insured misrepresented or represented as being true, but upon the existence of a fact — the attendance on insured by a physician for a serious disease or complaint prior to the issuance of the policy. — Brown v. Com. F.…
1Opinion of the CourtThomas, J.
In the law of insurance, as established and declared by judicial decision, a warranty is a statement of the contract with reference to the conditions on which it is predicated, the truth of which is made a condition to its validity; while a representation is a statement made as an inducement to a proposed contract of insurance and collateral to it. Warranties are of two kinds, affirmative and promissory. Affirmative warranties may be express or implied, and consist of representations in the policy of the existence of some fact or state of things at or previous to the time of making the-…
2Cases cited14 opinions
- Cobb v. MaloneSupreme Court of Alabama · 1890
- Empire Life Insurance v. GeeSupreme Court of Alabama · 1911
- Redman v. Ætna InsuranceWisconsin Supreme Court · 1880
- Alabama Gold Life Insurance v. JohnstonSupreme Court of Alabama · 1886
- Short v. . Home Insurance CompanyNew York Court of Appeals · 1882
9 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Sexton v. Liberty Nat. Life Ins. Co.Supreme Court of Alabama · 1981
- Hartford Fire Insurance Company v. ShapiroSupreme Court of Alabama · 1960
- Mutual Life Ins. Co. v. MandelbaumSupreme Court of Alabama · 1922
- Atlantic-Pacific Oil Co. v. Gas Development Co.Montana Supreme Court · 1937
- Louisiana State Life Ins. Co. v. PhillipsSupreme Court of Alabama · 1931
11 more not listed; retrieve them via the Exa API.