Rawson v. Milwaukee Mutual Life Insurance
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Eaeiue county: Feank M. Eisii, Circuit Judge. This is an action upon a benefit certificate issued November 5, 1891, by the Fraternal Alliance Life Insurance Association upon the life of one Francis L. Eawson in favor of the plaintiff, the wife of said Francis. It appears that the defendant in this action is the successor of, and has assumed all the obligations of, the said Fraternal Alliance.
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Appeal from a judgment of the circuit court for Eaeiue county: Feank M. Eisii, Circuit Judge. This is an action upon a benefit certificate issued November 5, 1891, by the Fraternal Alliance Life Insurance Association upon the life of one Francis L. Eawson in favor of the plaintiff, the wife of said Francis. It appears that the defendant in this action is the successor of, and has assumed all the obligations of, the said Fraternal Alliance. Francis L. Eawson died January 8, 1901, and due proofs of death were made. The defense alleged is that Eawson made a false statement in his application for…
1Opinion of the CourtWinslow, J.
While the contract on which this action is brought is called a policy of insurance, it is in fact a benefit certificate issued by a fraternal order to one of its members, and contains a provision by which the insured member is allowed at any time to surrender it without consent of the beneficiary and receive a new certificate. It was never in fact surrendered, nor was the beneficiary ever changed, and the question is whether, in an action by the beneficiary, an admission made by the insured some years before the issuance of the policy is substantive evidence to prove the falsity of a…
2Cases cited10 opinions
- Patterson v. Natural Premium Mutual Life InsuranceWisconsin Supreme Court · 1898
- McGowan v. Supreme Court of the Independent Order of ForestersWisconsin Supreme Court · 1899
- Foster v. GileWisconsin Supreme Court · 1880
- Clark v. DurandWisconsin Supreme Court · 1860
- Hutson v. JensonWisconsin Supreme Court · 1901
5 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Truelsch v. MillerWisconsin Supreme Court · 1925
- Opitz v. KarelWisconsin Supreme Court · 1903
- Richards v. RichardsWisconsin Supreme Court · 1973
- Pride v. Inter-State Business Men's Accident Ass'nSupreme Court of Iowa · 1927
- Davis v. Supreme Council of Royal ArcanumMassachusetts Supreme Judicial Court · 1907
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