Nielsen v. Provident Savings Life Assurance Society
California Supreme Court
The facts are stated in the opinion of the court. Lloyd & Wood, Bishop & Wheeler, Bishop, Wheeler & Hoefler, and J. F. Bowie, for Appellant. No demand or surrender of the policy having been made, the plaintiff’s right of recovery is barred. (Knapp v. Homæopathic Ins. Co., 117 U. S. 411; Northwestern Ins. Co. v. Bar-bour, 92 Ky. 427; Stayner v. Equitable Life Assur. Soc., 22 Misc.
Read the full summary
The facts are stated in the opinion of the court. Lloyd & Wood, Bishop & Wheeler, Bishop, Wheeler & Hoefler, and J. F. Bowie, for Appellant. No demand or surrender of the policy having been made, the plaintiff’s right of recovery is barred. (Knapp v. Homæopathic Ins. Co., 117 U. S. 411; Northwestern Ins. Co. v. Bar-bour, 92 Ky. 427; Stayner v. Equitable Life Assur. Soc., 22 Misc. Rep. 53; 49 N. Y. Supp. 380; Thorensen v. Massachusetts Benefit Assn., 68 Minn. 477.) This policy has no “reserve” within the meaning of the statute, being only a one-year term policy. (Resenplanter v. Provident…
1Opinion of the CourtVan Dyke, J.
Action to recover twenty-five hundred dollars upon a policy of life insurance. The case was tried with a jury, and verdict rendered for plaintiff for the amount claimed. Judgment was accordingly entered, and from the judgment and order denying a new trial the defendant appeals.
On January 21, 1893, the defendant, in consideration of a premium of $43.70, issued its policy of insurance by which it promised to pay Mathilda Nielsen, wife of John Nielsen, twenty-five hundred dollars, within sixty days after proof of the death of John Nielsen, provided such death should occur on or before the…
2Cases cited1 opinion
- Wheeler v. Connecticut Mutual Life InsuranceNew York Court of Appeals · 1880
3Cited by22 opinions
- Veal v. Security Mutual Life InsuranceCourt of Appeals of Georgia · 1909
- Watson v. LawsonCalifornia Supreme Court · 1913
- Pac. Heating & Ventilating Co. v. Williamsburgh City Fire Ins. Co. of BrooklynCalifornia Supreme Court · 1910
- Martin v. Northern Pacific Ry. Co.Montana Supreme Court · 1915
- Anderson v. State of ArizonaArizona Supreme Court · 1939
17 more not listed; retrieve them via the Exa API.