Northwestern Mutual Life Insurance v. Woods
Supreme Court of Kansas
Error from Pawnee District Court. This action was brought by Mary M. Woods on á policy of insurance issued by the defendant on the life of Charles H. Woods, her husband, who died at Hutchinson, on March 15, 1888. The execution of the policy and the fact of the death of the assured were admitted, but the answer of the defendant alleges that the policy was based on an application made by the deceased, in which certain untruthful statements were made by him, as follows: “Ques.…
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Error from Pawnee District Court. This action was brought by Mary M. Woods on á policy of insurance issued by the defendant on the life of Charles H. Woods, her husband, who died at Hutchinson, on March 15, 1888. The execution of the policy and the fact of the death of the assured were admitted, but the answer of the defendant alleges that the policy was based on an application made by the deceased, in which certain untruthful statements were made by him, as follows: “Ques. 19. How long since you consulted any physician? For what disease? Give name and residence of such physician. Ans. Three…
1Opinion of the Court
The opinion of the court was delivered by
Allen, J.:
It is urged on behalf of the insurance company that the statements contained in the application are *668warranties, and that, in case such statements were not strictly and literally true, the policy may be avoided. In support of this contention, the cases of Linz v. Insurance Co., 8 Mo. App. 363, and Benefit Association v. Park, 16 Atl. Rep. 339, are cited. The first case named cites no authorities on this question, and.gave it apparently but slight consideration, as the decision turned on a question of evidence. The other case, decided by the…
2Cases cited5 opinions
- Moulor v. American Life InsuranceSupreme Court of the United States · 1884
- National Bank v. Insurance Co.Supreme Court of the United States · 1878
- Continental Insurance v. PearceSupreme Court of Kansas · 1888
- Maine Benefit Ass'n v. ParksSupreme Judicial Court of Maine · 1888
- Linz v. Massachusetts Mutual Life InsuranceMissouri Court of Appeals · 1880
3Cited by10 opinions
- Continental Casualty Co. v. OwenSupreme Court of Oklahoma · 1913
- Sharrer v. Capitol Life InsuranceSupreme Court of Kansas · 1918
- Mutual Life Ins. Co. of New York v. MorganSupreme Court of Oklahoma · 1913
- Ætna Life Insurance v. RehlaenderNebraska Supreme Court · 1903
- New York Life Ins. Co. v. CarrollSupreme Court of Oklahoma · 1932
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