Sligh v. Sovereign Camp W. O. W.
Supreme Court of South Carolina
Before WharEy, J., County Court, Richland, July, 1920. Action by Elizabeth R. Sligh against Sovereign Camp Woodmen of the World.
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Before WharEy, J., County Court, Richland, July, 1920. Action by Elizabeth R. Sligh against Sovereign Camp Woodmen of the World. Judgment for plaintiff and defendant appeals. cite: Distinctions betzveen warranties and representations in application for insurance: 107 S. C. 21; Joyce Ins., Sec. 1882, 1949; 14 R. C. R. p. 1039, Sec. 210. Parties are bound by plain terms of the contract even though they seem hard:. 110 S. C. 339. Whether applicant has consulted a physician is of vital importance: 96 Pac. 62 (Kans.) ; and such statements are warranties: Joyce Ins., Sec. 2070; 83 S. C. 239; 10 R.…
1Opinion of the Court
The opinion of the Court w'as delivered by
Mr. Justice Fraser.
R. E. Sligh took out a policy of insurance with the appellant. The principal questions in this case arise from the answers to two questions: Have you consulted a physician within five years? and Have you had pleurisy? Both questions were answered “No” in the written application. The testimony tends to show that Sligh had a case of pleurisy, but it fails to show that Sligh knew it, or should have known it, when Sligh was examined for life insurance. The record shows from the testimony of Dr. Butler, who examined Sligh for the…
2Cases cited2 opinions
- Wingo v. New Work Life InsuranceSupreme Court of South Carolina · 1919
- Wingo v. N.Y. Life Ins. Co.Supreme Court of South Carolina · 1919
3Cited by10 opinions
- State v. NicholsSupreme Court of South Carolina · 1997
- Bradley v. Metropolitan Life Insurance Co.Supreme Court of South Carolina · 1931
- Atlantic Life Insurance v. BeckhamSupreme Court of South Carolina · 1962
- Murray v. Metropolitan Life Ins. Co.Supreme Court of South Carolina · 1940
- Southeastern Life Ins. Co. v. PalmerSupreme Court of South Carolina · 1924
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