Fidelity Mutual Life Ass'n v. Ficklin
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore City. Richard L. Ficklin, and others, infants under the age of twenty-one years, suing hy next friend, brought an action in the Superior Court of Baltimore City against the Fidelity Mutual Life Association. The cause of action was a policy of insurance on the life of the father of the plaintiffs, which was issued hy the defendant.
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Appeal from the Superior Court of Baltimore City. Richard L. Ficklin, and others, infants under the age of twenty-one years, suing hy next friend, brought an action in the Superior Court of Baltimore City against the Fidelity Mutual Life Association. The cause of action was a policy of insurance on the life of the father of the plaintiffs, which was issued hy the defendant. The-pleadings were very voluminous; hut before the trial, an agreement of counsel was made, providing that all errors of pleading should be waived, and that all matters of law shpuld be submitted to the Court for its…
1Opinion of the CourtBryan, J.
The learned counsel for the appellant have moved for a re-argument in this case. They base their motion on the supposition that the Court overlooked or disregarded certain clauses in the application for insurance. These clauses were quoted word for word in the statement prepared hy the Court, which preceded the opinion and which set forth the facts on which it was founded. The, Pennsylvania statute enacted that “whenever the application for a policy of life insurance contains a clause of warranty of the truth of the answers therein contained, no misrepresentation or untrue statement in such…
2Cited by27 opinions
- Penn Mut. Life Ins. v. Mechanics' Savings Bank & Trust Co.Court of Appeals for the Sixth Circuit · 1896
- Union Central Life Ins. v. PollardSupreme Court of Virginia · 1896
- Fidelity Mutual Life Ass'n v. HarrisTexas Supreme Court · 1900
- Stiegler v. Eureka Life InsuranceCourt of Appeals of Maryland · 1925
- New York Life Insurance v. HardisonMassachusetts Supreme Judicial Court · 1908
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