Insurance Co. v. Wilkinson
Supreme Court of the United States
In error to the Circuit Court for the District of Iowa; the ease being thus: The Union Mutual Insurance Company, of Maine, insured the life of Mrs. Malinda Wilkinson in favor of her husband. Both husband and wife, prior to the rebellion, had been slaves, and the husband came to Keokuk, Iowa, from Missouri. The company did business in Keokuk (where the application was made and the policy delivered), through an agent, one Ball, to whom it furnished blank applications.
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In error to the Circuit Court for the District of Iowa; the ease being thus: The Union Mutual Insurance Company, of Maine, insured the life of Mrs. Malinda Wilkinson in favor of her husband. Both husband and wife, prior to the rebellion, had been slaves, and the husband came to Keokuk, Iowa, from Missouri. The company did business in Keokuk (where the application was made and the policy delivered), through an agent, one Ball, to whom it furnished blank applications. The mode of doing business appeared to have been that the agent propounded certain printed questions, such as are usual on…
1Opinion of the CourtJustice Miller
On the first branch of the case the court said to the jury that, if the effects of the fall were temporary, and had entirely passed away before the application was taken, and if it did not affect Mrs. Wilkinson’s health or shorten her life, then the non-disclosure of the fall was no defence to the action. On the other hand, if the effects of the fall were not temporary, and remained when the application was taken, or if the fall affected the general health, or was so serious that it might affect the health or shorten life, then the non-disclosure would defeat recovery, although the failure to…
2Cases cited3 opinions
- Ayres v. Hartford Fire InsuranceSupreme Court of Iowa · 1864
- City of Davenport v. Peoria Marine & Fire InsuranceSupreme Court of Iowa · 1864
- Wilkinson v. Connecticut Mutual Life InsuranceSupreme Court of Iowa · 1870
3Cited by387 opinions
- Glus v. Brooklyn Eastern District TerminalSupreme Court of the United States · 1959
- Northern Assurance Co. v. Grand View Building Assn.Supreme Court of the United States · 1902
- McGoldrick v. Berwind-White Coal Mining Co.Supreme Court of the United States · 1940
- New York Life Insurance v. FletcherSupreme Court of the United States · 1886
- Grismore v. Consolidated Products Co.Supreme Court of Iowa · 1942
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