Legal Opinion

Life Benefit, Inc. v. Elfring

South Dakota Supreme Court

Decided December 17, 1942No. File No. 8542PublishedCited by 20 opinions

1Opinion of the CourtSmith, J.

The assignments of error challenge the validity of a policy insuring the life of Yeronica Elfring on the grounds of breach of warranty and fraud. The trial court sustained the policy and entered judgment for the beneficiary thereof for the amount of the insurance.

The period within which, the company could have contested the policy for breach of warranty, untainted by fraud, had elapsed prior to the death of the insured-. The statutes which control the operations of the compány, a mutual assessment life insurance corporation, amorig other things provide: “Every such corporation or association…

2Cases cited6 opinions

  1. Peters v. LohrSouth Dakota Supreme Court · 1910
  2. McKiver v. Theo. Hamm Brewing Co.South Dakota Supreme Court · 1941
  3. Morigeau v. LozarMontana Supreme Court · 1928
  4. Demarest v. Winchester Repeating Arms Co.District Court, D. Connecticut · 1919
  5. Combs v. Burbank Mutual Life & Benefit Ass'nCalifornia Court of Appeal · 1934

1 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. Sabbagh v. Professional & Business Men's Life Ins. Co.South Dakota Supreme Court · 1962
  2. Davies v. TomsSouth Dakota Supreme Court · 1954
  3. Strong v. State Farm Mutual Insurance CompanySouth Dakota Supreme Court · 1956
  4. Oesterreich v. Canton-Inwood HospitalSouth Dakota Supreme Court · 1994
  5. Bushfield v. World Mutual InsuranceSouth Dakota Supreme Court · 1963

15 more not listed; retrieve them via the Exa API.

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