Legal Opinion

Kaley v. Northwestern Mutual Life Insurance

Nebraska Supreme Court

Decided February 1, 1918No. 19766PublishedCited by 9 opinions

Appeal from the district court for Douglas county: Charles Leslie, Judge. This action is brought to recover $976.30 with interest, being the difference between the amount paid plaintiff hy defendant on a policy of insurance and the amount which he claims is due under the terms of the policy. The trial court found for defendant. Plaintiff appeals. . In 1889 plaintiff purchased a semitontine, twenty-payment life insurance policy from the defendant.

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Appeal from the district court for Douglas county: Charles Leslie, Judge. This action is brought to recover $976.30 with interest, being the difference between the amount paid plaintiff hy defendant on a policy of insurance and the amount which he claims is due under the terms of the policy. The trial court found for defendant. Plaintiff appeals. . In 1889 plaintiff purchased a semitontine, twenty-payment life insurance policy from the defendant. At the time he agreed to take the policy J. H. Mockett, Jr., one .of the firm of Mockett & Son, state agents for defendant, explained the nature of…

1Opinion of the CourtLetton, J.

Both parties rely upon the law of Wisconsin. Plaintiff cites the case of Timlin v. Equitable Life Assurance Society, 141 Wis. 276. In this case the evidence established that the policy with the statement attached thereto was issued at the home office' of the company. In the heading of- the paper is found: “These estimates are the authorized figures of,the society.” It was held under the evidence that the statement constituted a part of the contract; that the amount of the life annuity which was in controversy was definitely fixed in the statement, and that the company was liable for the…

2Cases cited8 opinions

  1. Williams v. New York Life InsuranceCourt of Appeals of Maryland · 1913
  2. Forman v. Mutual Life InsuranceCourt of Appeals of Kentucky · 1917
  3. Timlin v. Equitable Life Assurance Society of the United StatesWisconsin Supreme Court · 1910
  4. Langdon v. Northwestern Mutual Life InsuranceNew York Court of Appeals · 1910
  5. Tourtellotte v. New York Life InsuranceWisconsin Supreme Court · 1914

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

3Cited by9 opinions

  1. Schuster v. North American Hotel Co.Nebraska Supreme Court · 1921
  2. New York Life Ins. Co. v. McCrearyCourt of Appeals for the Eighth Circuit · 1932
  3. Barnebey v. Barron G. Collier, Inc.Court of Appeals for the Eighth Circuit · 1933
  4. Bayer v. Lutheran Mutual Life Insurance CompanyNebraska Supreme Court · 1969
  5. Baird v. Union Mutual Life InsuranceNebraska Supreme Court · 1919

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