McCoy v. National Life Insurance
Supreme Court of Iowa
Appeal from Union District Court. — P. C. Winter, Judge. Action at law to recover $1,000, the face value of a life insurance policy issued by defendant on the life of Clarence D. McCoy, plaintiff’s husband. The insured was in the military service, and was killed in action in France. Defendant claims that it had no notice that insured was in the military service.
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Appeal from Union District Court. — P. C. Winter, Judge. Action at law to recover $1,000, the face value of a life insurance policy issued by defendant on the life of Clarence D. McCoy, plaintiff’s husband. The insured was in the military service, and was killed in action in France. Defendant claims that it had no notice that insured was in the military service. The policy contained a military clause, but insured had not paid the additional premium, as agreed in the contract, and had not obtained a written permit for military service in time of war. Appellant claimed that there was a waiver…
1Per curiam
There is no dispute on the controlling facts, the controversy being as to the fact of agency, and the authority of the agents, if any, and as to whether there was any waiver of any of the conditions of the insurance contract.
The petition alleges substantially as follows: Defendant is an incorporated insurance company, with its principal place of business at Chicago, Illinois, and engaged in the business of ■writing insurance, in compliance with the laws of Iowa. On June 8, 1918, defendant, through its duly authorized agent, Carr, solicited deceased to take- out insurance in the sum of $1,000,…
2Cases cited25 opinions
- Slocum v. New York Life InsuranceSupreme Court of the United States · 1913
- Insurance Co. v. WolffSupreme Court of the United States · 1877
- Iowa Life Insurance v. LewisSupreme Court of the United States · 1902
- Miller v. Illinois Bankers' Life Ass'nSupreme Court of Arkansas · 1919
- Penman v. St. Paul Fire & Marine InsuranceSupreme Court of the United States · 1910
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3Cited by4 opinions
- White v. Standard Life Ins. Co.Mississippi Supreme Court · 1945
- Chambers v. Home Mutual InsuranceSupreme Court of Iowa · 1932
- Garton v. Phoenix InsuranceSupreme Court of Iowa · 1933
- Hart v. Home Mutual InsuranceSupreme Court of Iowa · 1929