Owen v. Bankers Life Insurance
Supreme Court of South Carolina
Before Shipp, J., Greenville, Action by Annie M. Owen, as administratrix of Paul Owen and Pay Owen, and as guardian of Eleanor Owen, against Bankers Life Insurance Company of the City of New York. Prom judgment for plaintiff, defendant appeals. cite: Representation are not a part of contract: 47 La. Am., 1405. Warranty must be true: May on Ins., sec. 126; 11 Ency., 290. The application is a part of the policy, and if its statements are false, policy is defeated: 69 Ill.
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Before Shipp, J., Greenville, Action by Annie M. Owen, as administratrix of Paul Owen and Pay Owen, and as guardian of Eleanor Owen, against Bankers Life Insurance Company of the City of New York. Prom judgment for plaintiff, defendant appeals. cite: Representation are not a part of contract: 47 La. Am., 1405. Warranty must be true: May on Ins., sec. 126; 11 Ency., 290. The application is a part of the policy, and if its statements are false, policy is defeated: 69 Ill. App., 447; 28 S. C., 439; 119 Ill., 474; 92 U. S., 377; 39 Ind., 475; 25 Am. St. R., 619; May Ins., 126; 36 S. C., 268. Laws…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Hydricic.
This was an action on a life insurance policy, dated August 24, 1898, and delivered to the insured, E. B. Owen, at Greenville, S. C. The sole defense was that the insured falsely and fraudulently represented, in his application for the policy, that he was of temperate habits, and never drank wines, spirits or malt liquors; and that said representations were, by the terms of the application and policy, made warranties, the breach of which avoided the policy. Owen died in July, 1907.
1 When the defendant offered evidence to prove that…
2Cases cited1 opinion
- Adler v. CloudSupreme Court of South Carolina · 1894
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