Floyd v. New York Life Ins. Co.
Supreme Court of South Carolina
Before SfasU, J., Aiken, Fall term, 1917. Action, by Harriett L. Floyd against the New York Life Insurance Company.. Judgment for plaintiff, and defendant appeals.
Read the full summary
Before SfasU, J., Aiken, Fall term, 1917. Action, by Harriett L. Floyd against the New York Life Insurance Company.. Judgment for plaintiff, and defendant appeals. The second paragraph of the answer was as follows: That the defendant on, to wit, the 2d day of December, 1912, duly received said application and said statements, representations, agreements and answers, and the report of the physician who examined him, at its home office, which is in the city of New York, where it considered said application, and upon consideration thereof said defendant there and then believed said statements,…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gage.
Action upon two contracts of insurance on the life of Sherman Floyd. The plaintiff is wife of the deceased and beneficiary under the policies. After one mistrial the jury at a subsequent trial found for the plaintiff, and the insurance company has appealed.
These are the major circumstances which make the controversy: The policies of insurance are dated October 31, 1912; the insured died September 6, 1913, and admittedly of diabetes; on November 22, 1913, the company, esteeming that the policies voidable by reason of an untrue statement…
2Cases cited1 opinion
- Fertilizer Company v. Railroad CompanySupreme Court of South Carolina · 1914
3Cited by5 opinions
- Metropolitan Life Ins. Co. v. BatesSupreme Court of South Carolina · 1948
- Key v. Carolina & N. W. Ry. Co.Supreme Court of South Carolina · 1931
- Eaves v. Progressive Fire Ins. Co.Supreme Court of South Carolina · 1950
- Clanton's Auto Auction Sales, Inc. v. CampbellSupreme Court of South Carolina · 1956
- Livingston v. Union Central Life Ins. Co.Supreme Court of South Carolina · 1922