Johnson v. National Life Insurance
Supreme Court of Minnesota
Action in the district court for Swift county to recover $1,000 .upon defendant’s policy on the life of her son. The answer alleged rthat the insured falsely and fraudulently answered certain specified (questions in the application attached to and make a part of the policy, ¡and that defendant, relying upon the representations, entered into a •contract of insurance to its prejudice; that the insured had been affected with pulmonary tuberculosis for six years prior to his…
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Action in the district court for Swift county to recover $1,000 .upon defendant’s policy on the life of her son. The answer alleged rthat the insured falsely and fraudulently answered certain specified (questions in the application attached to and make a part of the policy, ¡and that defendant, relying upon the representations, entered into a •contract of insurance to its prejudice; that the insured had been affected with pulmonary tuberculosis for six years prior to his decease; tthat .in 1905 he was advised by his physician that he was tubercular, mndiacting upon his physician’s…
1Opinion of the Court
Dibell, C.
This action is brought to recover upon a policy of life insurance issued to the plaintiff’s son. The plaintiff is the beneficiary and the verdict was in her favor. ' The defendant appeals from an order denying its alternative motion for judgment or for a new trial.
The defendant claims that the policy was avoided, as a matter of law, by a misrepresentation to the effect that the deceased had never consulted a physician; that the court erred in leaving to the jury the question whether certain misrepresentations were material and whether they increased the risk of loss and whether they…
2Cases cited22 opinions
- Penn Mut. Life Ins. v. Mechanics' Savings Bank & Trust Co.Court of Appeals for the Sixth Circuit · 1896
- Empire Life Insurance v. GeeSupreme Court of Alabama · 1911
- Dolan v. Mutual Reserve Fund Life Ass'nMassachusetts Supreme Judicial Court · 1899
- March v. Metropolitan Life InsuranceSupreme Court of Pennsylvania · 1898
- Rainger v. Boston Mutual Life Ass'nMassachusetts Supreme Judicial Court · 1896
17 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Mutual Life Ins. v. DibrellTennessee Supreme Court · 1916
- Mutual Life Ins. Co. v. MandelbaumSupreme Court of Alabama · 1922
- Olsson v. Midland InsuranceSupreme Court of Minnesota · 1917
- Briggs v. United Services Life Insurance CompanySouth Dakota Supreme Court · 1962
- MacK v. Pacific Mutual Life InsuranceSupreme Court of Minnesota · 1926
23 more not listed; retrieve them via the Exa API.