Legal Opinion

Nancy Kraus v. Prudential Insurance Company of America

Court of Appeals for the Ninth Circuit

Decided September 8, 1986No. 85-3920PublishedCited by 4 opinions

1Opinion of the Court

EUGENE A. WRIGHT, Circuit Judge:

Although appellant raises several arguments on appeal from an adverse jury verdict, we conclude that there is but one question for us to consider. We state it thus: In an action by a beneficiary on a life insurance policy of $100,000, did the district court err in its instructions to the jury and specifically in its failure to instruct that the insurer had a duty to investigate the facts surrounding the application for insurance?

The plaintiff offered and the court refused this proposed instruction:

If you find that the application for life insurance is, on its…

2Cases cited5 opinions

  1. State Farm Fire and Casualty Company v. SevierOregon Supreme Court · 1975
  2. Bunn v. MONARCH LIFE INSURANCE COMPANYOregon Supreme Court · 1970
  3. Kubeck v. Consolidated UnderwritersOregon Supreme Court · 1974
  4. Rutherford v. Prudential InsuranceCalifornia Court of Appeal · 1965
  5. Kentner v. Gulf InsuranceOregon Supreme Court · 1984

3Cited by4 opinions

  1. Verex Assurance, Inc. v. John Hanson Savings and Loan, Inc., and Maduff & Sons, Inc., First Federal Savings and Loan Association, Verex Assurance, Inc. v. Maduff Mortgage Corporation v. John Hanson Savings & Loan Association First City Federal Savings and Loan Association, Defendant-Third PartyCourt of Appeals for the First Circuit · 1987
  2. Gasaway v. Northwestern Mut. Life Ins. Co.District Court, D. Hawaii · 1993
  3. Verex Assurance, Inc. v. John Hanson Savings & Loan, Inc.Court of Appeals for the Ninth Circuit · 1987
  4. Valdez v. Nationwide Insurance Company of AmericaDistrict Court, D. Oregon · 2022

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API