Legal Opinion

Tracy Loan & Trust Co. v. Mutual Life Ins. Co. of New York

Utah Supreme Court

Decided January 25, 1932No. 4962PublishedCited by 20 opinions

1Opinion of the CourtFolland, J.

This is an action to recover on two policies of life and disability insurance each of which contained a so-called incontestable clause as follows:

“This policy shall be incontestable after two years from its date of issue except for non-payment of premiums.”

From a judgment in favor of plaintiff and plaintiff in intervention, defendant appeals.

Two policies were issued March 16, 1925, to Warner Olson, one for $1,000' and the other for $1,500, payable on death of the insured, and also covered payments of $10 and $15, respectively, monthly upon proof of total permanent disability of the insured.…

2Cases cited36 opinions

  1. Mutual Life Insurance v. Hurni Packing Co.Supreme Court of the United States · 1923
  2. Madisonville Traction Company v. Saint Bernard Mining CompanySupreme Court of the United States · 1905
  3. Gaines v. . City of New YorkNew York Court of Appeals · 1915
  4. Cates v. AllenSupreme Court of the United States · 1893
  5. Wabash Western Railway v. BrowSupreme Court of the United States · 1896

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3Cited by20 opinions

  1. Metropolitan Casualty Insurance v. StevensSupreme Court of the United States · 1941
  2. Hopson v. North American Ins. Co.Idaho Supreme Court · 1951
  3. Allen v. HatchettCourt of Appeals of Georgia · 1955
  4. Jontra Holdings Pty Ltd, an Australian Registered Company Brisbane Angels Nominees Pty Ltd, an Australian Registered Company and Associated Construction Equipment Pty Ltd, an Australian Registered Company v. Gas Sensing Technology Corporation, a Wyoming Corporation D/B/A WelldogWyoming Supreme Court · 2021
  5. Laguna Village, Inc. v. Laborers' International Union of North AmericaCalifornia Supreme Court · 1983

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