New York Life Insurance v. Kincaid

— On petition for rehearing it is contended that the common law of England rules the case at bar and is supported by numerous decisions recognized by the courts for more than one hundred years. In the original opinion it was pointed out that the contract of insurance then being considered was once controlled by the decisions of this court and not the common law of England. The company selected the terms, provisions and conditions of the contract, and the words by which to express the same, deliveied the same, received payments from the assured, and no fault was found with its provisions'…