Nelson v. Nederland Life Insurance
Supreme Court of Iowa
Appeal from Calhoun District Court. — Hon. S. M. Elwood,. Judge. The defendant is a life insurance company organized under the laws of Holland, with its principal place of business-at Amsterdam, and an office in New York City. It issued a policy to Charles J. Nelson, January 18, 1897, based on an application dated January 6th previous.
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Appeal from Calhoun District Court. — Hon. S. M. Elwood,. Judge. The defendant is a life insurance company organized under the laws of Holland, with its principal place of business-at Amsterdam, and an office in New York City. It issued a policy to Charles J. Nelson, January 18, 1897, based on an application dated January 6th previous. To cover the first premium, he executed a note to the soliciting agent of the defendant, which remains unpaid, and died April 27th of the same-year. In his application were these questions and answers r “Q. What is the name and address of your medical…
1Opinion of the CourtLadd, J.
1 The policy was, by its terms, based on the ■ application of the assured, which stipulated that, in event any of its statements proved untrue, the contract should be null and void. This application formed a part of the policy, and amounted to a warranty of the truthfulness of the statements made, and it is not material that some of the answer may have been unimportant. The parties, having agreed to their materiality, set that inquiry at rest. Hygum, v. Insurance Co., 11 Iowa, 25; Miller v. Insurance Co., 31 Iowa, 225; Miles v. Insurance Co., 3 Gray, 580; Insurance Co. v. France, 91 U. S. 510…
2Cases cited24 opinions
- Paul v. VirginiaSupreme Court of the United States · 1869
- Phoenix Life Ins. Co. v. RaddinSupreme Court of the United States · 1887
- Insurance Co. v. NewtonSupreme Court of the United States · 1875
- Aetna Life Ins. Co. v. FranceSupreme Court of the United States · 1876
- Miller v. Mutual Benefit Life InsuranceSupreme Court of Iowa · 1871
19 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Haughton v. Aetna Life InsuranceIndiana Supreme Court · 1905
- Rauen v. Prudential Insurance Co. of AmericaSupreme Court of Iowa · 1906
- Metropolitan Life Insurance v. BrubakerSupreme Court of Kansas · 1908
- Thornell v. Missouri State Life Ins.Texas Commission of Appeals · 1923
- Van Wie v. United StatesDistrict Court, N.D. Iowa · 1948
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