Ætna Life Ins. v. Frierson
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the Eastern District of Tennessee. This was an action on a policy of accident insurance. The insured was Robert P. Frierson. The loss, in case of death, was payable to the mother of the insured, who is the defendant in error. There was a stipulation waiving a jury and submitting the case to the court. The court rendered judgment for the plaintiff upon a special finding of facts, made a part of the record.
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In Error to the Circuit Court of the United States for the Eastern District of Tennessee. This was an action on a policy of accident insurance. The insured was Robert P. Frierson. The loss, in case of death, was payable to the mother of the insured, who is the defendant in error. There was a stipulation waiving a jury and submitting the case to the court. The court rendered judgment for the plaintiff upon a special finding of facts, made a part of the record. The company presented a number of defenses, which, so far as now material, were as follows: First. That the contract was void in…
1Opinion of the CourtDurton, Circuit Judge
For the company it is said: (i) That the consideration upon which the policy issued was the premium paid and “the warranties made in the application.” (2) That the statement in the application that “I have not in contemplation any special journey or hazardous undertaking, except as herein stated,” constituted a warranty, the breach of which was not waived as a consequence of the facts communicated by the assured to either the soliciting agent at Shelbyville or the company’s “manager” at Cincinnati. (3) That the conceded fact that the insured lost his life while upon a “special journey” and…
2Cases cited11 opinions
- Insurance Co. v. NortonSupreme Court of the United States · 1878
- Insurance Co. v. WolffSupreme Court of the United States · 1877
- Westchester Fire Insurance v. EarleMichigan Supreme Court · 1876
- Bell v. BruenSupreme Court of the United States · 1843
- Pechner v. . Phoenix Insurance Co.New York Court of Appeals · 1875
6 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Twin City Fire Ins. v. Stockmen's Nat. Bank of Ft. BentonCourt of Appeals for the Ninth Circuit · 1919
- Bowles v. Mutual Ben. Health & Accident Ass'nCourt of Appeals for the Fourth Circuit · 1938
- New York Life Ins. v. SlocumCourt of Appeals for the Third Circuit · 1910
- Standard Accident Ins. Co. of Detroit, Mich. v. HiteSupreme Court of Oklahoma · 1913
- Ocean Accident & Guaranty Corporation v. RubinCourt of Appeals for the Ninth Circuit · 1934
6 more not listed; retrieve them via the Exa API.