Western & Southern Life Ins. v. Quinn
Court of Appeals of Kentucky
CASE 52. — ACTION BY MARY QUINN AGAINST THE WESTERN & SOUTHERN LIFE INSURANCE COMPANY ON A POLICY ON THE LIFE OF HER DECEASED HUSBAND. — Appeal from Jefferson Circuit Court (Common Pleas Branch, Third Division). Matt O’Doherty, Judge. Judgment for plaintiff.
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CASE 52. — ACTION BY MARY QUINN AGAINST THE WESTERN & SOUTHERN LIFE INSURANCE COMPANY ON A POLICY ON THE LIFE OF HER DECEASED HUSBAND. — Appeal from Jefferson Circuit Court (Common Pleas Branch, Third Division). Matt O’Doherty, Judge. Judgment for plaintiff. Defendant appeals. — POINTS AND AUTHORITIES. 1. The court erred in overruling the appellant’s demurrer to the petition and to the reply; in overruling the appellant’s motion to abate the action until such time as the appellee should tender back what she had received from appellant in settlement of the claim sued on; in overruling…
1Opinion of the Court
Opinion of the Court by
Judge Barker —
Reversing.
When Michael J. Qninn died in 1906 there was an insurance policy on his life issued by the appellant company for $1,000, payable to his wife, Mary Quinn. After the death of the insured, the company denied its liability under the policy, because it claimed that in the application for insurance among the questions propounded to the applicant was whether or not he had ever applied to any other company for insurance and been rejected or postponed, to which he answered “No,” that this answer was material and was untrue. After interviewing the widow,…
2Cases cited12 opinions
- Provident Savings Life Assur. So. v. Whayne's Admr.Court of Appeals of Kentucky · 1906
- Louisville & Nashville R. R. v. McElroyCourt of Appeals of Kentucky · 1896
- Provident Savings Life Assurance Co. v. DeesCourt of Appeals of Kentucky · 1905
- Mutual Life Insurance v. ThomsonCourt of Appeals of Kentucky · 1893
- Creutz v. HeilCourt of Appeals of Kentucky · 1890
7 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Masonic Life Ass'n v. RobinsonCourt of Appeals of Kentucky · 1912
- Niagara Fire Insurance v. LayneCourt of Appeals of Kentucky · 1915
- Frazier v. RayNew Mexico Supreme Court · 1923
- Security Life Insurance Co. of America v. BlackCourt of Appeals of Kentucky · 1920
- Forsythe v. RexroatCourt of Appeals of Kentucky (pre-1976) · 1929
14 more not listed; retrieve them via the Exa API.