Alexander v. Metropolitan Life Insurance
Supreme Court of North Carolina
Appeal from justice of the peace, tried- before Justice, J., and a jury,-at October Term, 1908, of Cabarrus. This action was based on ‘a life-insurance policy, issued by the defendant company on the life of Pearl Alexander in favor of Caroline Alexander, the appellee, as beneficiary.
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Appeal from justice of the peace, tried- before Justice, J., and a jury,-at October Term, 1908, of Cabarrus. This action was based on ‘a life-insurance policy, issued by the defendant company on the life of Pearl Alexander in favor of Caroline Alexander, the appellee, as beneficiary. The defense to the action was based on certain provisions of the policy, declaring it void if the insured, before its date, had been attended by a physician for any serious disease or complaint or had any disease of the kidneys. The following findings were made by the jury: 1. “Did Pearl Alexander, the insured,…
1Opinion of the CourtBrown, J.
The insured, Pearl Alexander, was a child about fifteen years of age, whose life was insured on 18 March, 1907, by defendant, for the benefit of plaintiff, her mother by adoption and great-aunt by blood. Insured died in April, 1908, according to the evidence, of an abscess in the kidney.
There is a statement in the application, which is the basis of the policy, that insured had never had any disease of the kidneys. The evidence fully sustains the finding of the jury, that prior to the application for insurance the girl had kidney disease and was being treated for it by a physician.
Tbe…
2Cases cited2 opinions
- New York Life Insurance v. FletcherSupreme Court of the United States · 1886
- Bryant v. Metropolitan Life InsuranceSupreme Court of North Carolina · 1908
3Cited by15 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
- Schas v. Equitable Life InsuranceSupreme Court of North Carolina · 1914
- Thomas-Yelverton Co. v. State Capital Life InsuranceSupreme Court of North Carolina · 1953
- Mutual Life Insurance v. Leaksville Woolen MillsSupreme Court of North Carolina · 1916
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