Lueders' Ex'r v. Hartford Life & Annuity Ins.
U.S. Circuit Court for the District of Eastern Missouri
This was a suit by the executor of J. EL Lueders upon five certificates of insurance, in the sum of $1,000 each, issued by the Hartford Life & Annuity Insurance Company upon the life of said Lueders. The petition declared the certificates as simple contracts of insurance, and asked judgment upon each certificate for the maximum amount named therein.
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This was a suit by the executor of J. EL Lueders upon five certificates of insurance, in the sum of $1,000 each, issued by the Hartford Life & Annuity Insurance Company upon the life of said Lueders. The petition declared the certificates as simple contracts of insurance, and asked judgment upon each certificate for the maximum amount named therein. The defendant answered that said certificates were null and void because of certain concealments on the assured’s part, and because the answers contained in his application in reference to his health were false. And the answer set up a provision…
1Opinion of the Court
Treat, D. J.,
(charging ¡jwry orally.) This case differs in some respects from the cases ordinarily submitted to juries concerning life-insurance policies. If you should find for the plaintiff, as there are five of these so-called certificates or policies, you will necessarily find for* her in the sum of $5,000, with interest at the rate of 6 per cent, per annum from December 15,1881; that is, 90 days after the proof of death.
Now, shall the plaintiff recover ? The primary contest is that the deceased made a false statement concerning a disease which he then had and which contributed to his…
2Cited by15 opinions
- Elkhart Mutual Aid, Benevolent & Relief Ass'n v. HoughtonIndiana Supreme Court · 1885
- McFarland v. United States Mutual Accident Ass'nSupreme Court of Missouri · 1894
- Burdon v. Massachusetts Safety Fund Ass'nMassachusetts Supreme Judicial Court · 1888
- Supreme Council Catholic Benevolent Legion v. GroveIndiana Supreme Court · 1911
- Bentz v. Northwestern Aid Ass'nSupreme Court of Minnesota · 1889
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