Wright's Adm'r v. Northwestern Mutual Life Insurance
Court of Appeals of Kentucky
Case 37 — PETITION ORDINARY — APPEAL PROM HARRISON CIRCUIT COURT. 1. The burden of proof was upon the plaintiff, and his counsel was entitled to the conclusion of the argument to the jury- (Royal Ins Co. v. Sell wing, 10 Ky. Law Rep., 380; Fireman’s Ins. Co. v. Schwing, 10 K3'. Law Rep , 883.) 2. An insurance company is bound by act of agent in making false statement in filling up application, and is estopped from relying upon such false statement. (Ins.
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Case 37 — PETITION ORDINARY — APPEAL PROM HARRISON CIRCUIT COURT. 1. The burden of proof was upon the plaintiff, and his counsel was entitled to the conclusion of the argument to the jury- (Royal Ins Co. v. Sell wing, 10 Ky. Law Rep., 380; Fireman’s Ins. Co. v. Schwing, 10 K3'. Law Rep , 883.) 2. An insurance company is bound by act of agent in making false statement in filling up application, and is estopped from relying upon such false statement. (Ins. Co. v. Wilkinson, 13 Wall., 222; N. Y. Mut. Life Ins. Co. v. Baker, 94 U. S., 610; Western Assurance Co. v. Rector, 85 Ky., 294; McArthur v.…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OF THE COURT.
For the recited consideration of a written application, and statements therein, referred to and made part of the contract, payment of one hundred and eighty-eight dollars and nine cents made, and the same sum agreed to be paid annually for fifteen years, appellee issued, April 18, 1882, a policy by which it agreed to insure the life of William Wright in the sum of three thousand dollars.
It appears that Rebecca Wright, his mother, was ■ originally intended to be named as beneficiary of the policy, though issued to him; and to her, in Cyn*210thiana,…
2Cases cited4 opinions
- Insurance Co. v. WilkinsonSupreme Court of the United States · 1872
- Rowley v. . the Empire Insurance Co.New York Court of Appeals · 1867
- Phœnix Ins. v. SpiersCourt of Appeals of Kentucky · 1888
- Mutual Benefit Life Ins. v. Daviess' Ex'rCourt of Appeals of Kentucky · 1888
3Cited by16 opinions
- Masonic Life Ass'n v. RobinsonCourt of Appeals of Kentucky · 1912
- Connecticut Fire Insurance Co. v. RobertsCourt of Appeals of Kentucky (pre-1976) · 1928
- Continental Insurance Co. v. SimpsonCourt of Appeals of Kentucky (pre-1976) · 1927
- Hurst Home Insurance v. LedfordCourt of Appeals of Kentucky · 1925
- Henry Clay Fire Insurance v. Grayson County State BankCourt of Appeals of Kentucky (pre-1976) · 1930
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