Legal Opinion

Johnson v. National Life Insurance

Supreme Court of Minnesota

Decided November 28, 1913No. Nos. 18,157—(256)PublishedCited by 28 opinions

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

  1. Penn Mut. Life Ins. v. Mechanics' Savings Bank & Trust Co.Court of Appeals for the Sixth Circuit · 1896
  2. Empire Life Insurance v. GeeSupreme Court of Alabama · 1911
  3. Dolan v. Mutual Reserve Fund Life Ass'nMassachusetts Supreme Judicial Court · 1899
  4. March v. Metropolitan Life InsuranceSupreme Court of Pennsylvania · 1898
  5. Rainger v. Boston Mutual Life Ass'nMassachusetts Supreme Judicial Court · 1896

17 more not listed; retrieve them via the Exa API.

3Cited by28 opinions

  1. Mutual Life Ins. v. DibrellTennessee Supreme Court · 1916
  2. Mutual Life Ins. Co. v. MandelbaumSupreme Court of Alabama · 1922
  3. Olsson v. Midland InsuranceSupreme Court of Minnesota · 1917
  4. Briggs v. United Services Life Insurance CompanySouth Dakota Supreme Court · 1962
  5. MacK v. Pacific Mutual Life InsuranceSupreme Court of Minnesota · 1926

23 more not listed; retrieve them via the Exa API.

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