Bryant v. Metropolitan Life Insurance
Supreme Court of North Carolina
ActioN to recover on a life insurance policy issued by defendant company on tbe life of Matthew Bryant, brought by his widow and beneficiary of the policy, tried before Neal, Jand a jury, at October Term, 1907 of Edgecombe.
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ActioN to recover on a life insurance policy issued by defendant company on tbe life of Matthew Bryant, brought by his widow and beneficiary of the policy, tried before Neal, Jand a jury, at October Term, 1907 of Edgecombe. In the answer defendant admitted that proper proof of death of the insured had been furnished the company, which resisted recovery on the ground chiefly that the insured, unknown to the company, had consumption at the time the policy was delivered, and that the-insured, at the time of the application for the policy, made false representations to the company on material…
1Opinion of the Court
Hoee, J.,
after stating tbe ease: Our statute on insurance, in reference to tbe question involved in this appeal (Revisal 1905, Vol. II, sec. 4808), provides: “All statements or descriptions in any application for a policy of insurance, or in tbe policy itself, shall be deemed and beld representations and not warranties; nor shall any representation, unless material or fraudulent, prevent a recovery on tbe policy.” And in Fishblate v. Fidelity Co., 140 N. C., 589, tbe Oourt, in construing this section (erroneously printed in tbe opinion as section 4646), beld as follows: “1. In an action for…
2Cases cited1 opinion
- Fishblate v. Fidelity Co.Supreme Court of North Carolina · 1906
3Cited by39 opinions
- Gardner v. North State Mutual Life InsuranceSupreme Court of North Carolina · 1913
- Fountain & Herrington, Inc. v. Mutual Life Ins. Co. of New YorkCourt of Appeals for the Fourth Circuit · 1932
- Tolbert v. Mutual Benefit Life InsuranceSupreme Court of North Carolina · 1952
- Schas v. Equitable Life InsuranceSupreme Court of North Carolina · 1914
- Thomas-Yelverton Co. v. State Capital Life InsuranceSupreme Court of North Carolina · 1953
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