Roe v. National Life Insurance Ass'n
Supreme Court of Iowa
Appeal from Polk District Court.— Hon. Wm. H. McHenry, Judge. The National Life Insurance Association issued its certificate insuring the life of Thomas S. Roe October 7,'1903, naming his wife, Sarah D. Roe, as beneficiary. The insured died September 4, 1904, and in this action the beneficiary seeks to recover the indemnity promised.
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Appeal from Polk District Court.— Hon. Wm. H. McHenry, Judge. The National Life Insurance Association issued its certificate insuring the life of Thomas S. Roe October 7,'1903, naming his wife, Sarah D. Roe, as beneficiary. The insured died September 4, 1904, and in this action the beneficiary seeks to recover the indemnity promised. The defense interposed was that the insured procured the medical examiner of the defendant company to report him as a fit subject for insurance by fraud, and that the certificate never took effect, owing to a condition .therein that it should not become operative…
1Opinion of the CourtLadd, C. J.
1. Lifeinsurance: applicant’s deceit: estoppel. I. The insured may not have been in good health at the time the certificate was issued to him by the defendant, but that alone constitutes no defense. The association was not prohibited from carrying such a risk, nor did the insured owe it the duty of warning if against such an undertaking. It was purely a matter of contract between the parties, and, if each acted in good faith toward the other in making it, there is no reason for relieving either from performance, even though the association may rue its bargain. Insurance companies and…
2Cases cited14 opinions
- Continental Life Insurance v. ChamberlainSupreme Court of the United States · 1889
- Equitable Life Assur. Soc. v. McElroyCourt of Appeals for the Eighth Circuit · 1897
- Ley v. Metropolitan Life InsuranceSupreme Court of Iowa · 1903
- Nelson v. Nederland Life InsuranceSupreme Court of Iowa · 1900
- Boddy v. HenrySupreme Court of Iowa · 1904
9 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Hines v. Kansas City Life Ins. Co.Court of Appeals of Texas · 1924
- State Mut. Ins. Co. v. GreenSupreme Court of Oklahoma · 1915
- Keeton v. Jefferson Standard Life Ins. Co.Court of Appeals for the Fourth Circuit · 1925
- American Bankers' Ins. Co. v. ThomasSupreme Court of Oklahoma · 1915
- Bradley v. New York Life Ins.Court of Appeals for the Eighth Circuit · 1921
18 more not listed; retrieve them via the Exa API.