Hartwell v. Alabama Gold Life Insurance
Supreme Court of Louisiana
A PPEAL from the Eifth District Court for the parish of Orleans. Sogers, J. The defence is special and the burden of proof is upon the defendant.
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A PPEAL from the Eifth District Court for the parish of Orleans. Sogers, J. The defence is special and the burden of proof is upon the defendant. Terry vs. Insurance Company, 1 Dillon Rep., 403; 31 Missouri Rep., 725; Piedmont Life Insurance Company vs. Ewing, 2 Otto Rep., 379; Swick vs. Home Insurance Company, 2 Dillon Rep., 164. In order to avoid the policy of insurance, it is necessary for the defendant to prove that the declarations that the applicant was sober and temperate, and that if he should become so far intemperate in the use of opiates or ardent spirits as to seriously impair his…
1Opinion of the Court
*1354The opinion of the Court was delivered by
Levy, J.
This appeal is taken from a judgment of the Fifth District Court for the parish of Orleans, based on the verdict of a jury for the sum of five thousaud dollars, with legal interest thereon from February 5th, 1877, being the amount of a policy of insurance on the life of Thomas O. Hartwell for said sum of $5000. The policy is dated on the 30th of March, 1874, in favor of his children, the plaintiffs in this action.
Hartwell, the Insured, died on the 7th of November, 1877. Due proof of his death was made and submitted to the company and…
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- Armstrong Furniture Co. v. L. Lecompte & Co.Louisiana Court of Appeal · 1884
- Brignac v. Pacific Mut. Life Ins.Supreme Court of Louisiana · 1904