Welch v. Union Central Life Insurance
Supreme Court of Iowa
Appeal from Cedar Rapids Superior Court. — ITon. T. M. Gibeeson, Judge. PlaintifP, the beneficiary named in a policy of life insurance issued by the defendant on the twenty-first day of March, 1896, on the life of Otis S. Hogg, brings tbis action at law to recover three thousand dollars, with interest, on said policy; alleging the death of said assured on the first day of June, 1896, that proofs thereof were duly made, and that the defendant refuses payment; wherefore…
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Appeal from Cedar Rapids Superior Court. — ITon. T. M. Gibeeson, Judge. PlaintifP, the beneficiary named in a policy of life insurance issued by the defendant on the twenty-first day of March, 1896, on the life of Otis S. Hogg, brings tbis action at law to recover three thousand dollars, with interest, on said policy; alleging the death of said assured on the first day of June, 1896, that proofs thereof were duly made, and that the defendant refuses payment; wherefore judgment is ashed. The defendant answered, admitting that it issued the policy; that the assured died; that proof of his death…
1Opinion of the CourtGiven, J.
— I. Appellant moves to strike appellee’s additional abstract on tbe grounds that the denial of appellant’s abstract is not sufficiently specific, and that the matter set out in the additional abstract is not necessary to this appeal. We do not think there is any substantial merit in this motion, and it is therefore overruled.
1 II. Appellant first complains of the overruling of its motion to transfer the cause to equity. The defense of fraud in procuring the contract is conceded to be available in an action at law, but it is insisted that the prayer for cancellation of the policy and…
2Cases cited3 opinions
- Massachusetts Benefit Life Ass'n v. RobinsonSupreme Court of Georgia · 1898
- Goodwin v. Provident Savings Life Assurance Ass'nSupreme Court of Iowa · 1896
- Blair v. Madison CountySupreme Court of Iowa · 1890
3Cited by20 opinions
- Dibble v. Reliance Life InsuranceCalifornia Supreme Court · 1915
- Reagan v. Union Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1905
- Weimer v. Economic Life Ass'n of ClintonSupreme Court of Iowa · 1899
- Bohen v. North American Life Insurance Co. of ChicagoSupreme Court of Iowa · 1920
- Chambers and Pouncey v. Met. Life Ins. Co.Missouri Court of Appeals · 1940
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