Michalek v. Modern Brotherhood of America
Supreme Court of Iowa
Appeal from, Cedar Rapids Superior Court. — C. B. Bobbins, Judge. Action at law to recover upon a certificate of life insurance issued by the defendant association on the life of Anthony Michalek. There was a directed verdict and judgment' for the defendant, and plaintiff appeals.
1Opinion of the CourtWeaver, J.
i insurance • life ddeT presump1-evidencetoS overcome. That the defendant is a fraternal insurance or beneficiary association; that Anthony Michalek became a member thereof and received from the association a benefit certificate payable to his wife, the plaintiff; that at the time of his death he was still a member in good standing; and that, except for the matters pleaded by way of an affirmative defense, the defendant would be liable in this action, there is no dispute. Stated briefly, the defense is that Michalek committed suicide and that, by the terms of the contract with the…
2Cases cited38 opinions
- Aetna Life Ins. Co. v. WardSupreme Court of the United States · 1891
- Insurance Co. v. NewtonSupreme Court of the United States · 1875
- Home Benefit Assn. v. SargentSupreme Court of the United States · 1892
- McMaster v. . Pres., Etc., Ins. Co. of N. Am.New York Court of Appeals · 1873
- Pythias Knights' Supreme Lodge v. BeckSupreme Court of the United States · 1901
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3Cited by20 opinions
- Provident Life & Accident Ins. v. PrietoTennessee Supreme Court · 1935
- Morton v. Equitable Life InsuranceSupreme Court of Iowa · 1934
- Reddick v. Grand Union Tea Co.Supreme Court of Iowa · 1941
- Mutual Life Ins. Co. of New York v. HattenCourt of Appeals for the Eighth Circuit · 1927
- Green v. New York Life InsuranceSupreme Court of Iowa · 1921
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