New York Life Ins. v. Moats
Court of Appeals for the Ninth Circuit
In Error to the District Court of the United States for the District of Oregon; Robert S. Bean, Judge. Consolidated actions by Ida M. Moats, individually, and as guardian of George A. Moats, against the New York Life Insurance Company. Judgment for plaintiffs, in each action, and defendant brings error.
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In Error to the District Court of the United States for the District of Oregon; Robert S. Bean, Judge. Consolidated actions by Ida M. Moats, individually, and as guardian of George A. Moats, against the New York Life Insurance Company. Judgment for plaintiffs, in each action, and defendant brings error. On the 16th day of March, 1911, George S. Moats, husband of the defendant in error, Ida M. Moats, and father of the minor, George A. Moats, made application to the New York Life Insurance Company for two policies of insurance on his life, in the sum of $5,000 each; one in favor of George A.…
1Opinion of the CourtMorrow, Circuit Judge
(after stating the facts as above). The defendant denies its liability on the two'insurance policies for $5,000 each, issued to the plaintiffs as beneficiaries, on the life of George S. Moats, on two grounds:(1) It is charged in defendant’s answer that at the time of making application for such insurance, George S. Moats, the insured, made false and fraudulent answers and representations to two certain questions asked him by Dr. H. L. Underwood, the medical examiner of the insurance company, such answers and representations being material to the risk, and known to be false and fraudulent by…
2Cases cited4 opinions
- Moulor v. American Life InsuranceSupreme Court of the United States · 1884
- Equitable Life Assur. Soc. v. McElroyCourt of Appeals for the Eighth Circuit · 1897
- Insurance Co. v. HigginbothamSupreme Court of the United States · 1877
- Cable v. United States Life Ins. Co. of New YorkCourt of Appeals for the Seventh Circuit · 1901
3Cited by18 opinions
- Stipcich v. Metropolitan Life InsuranceSupreme Court of the United States · 1928
- Wharton v. ætna Life Ins. Co.Court of Appeals for the Eighth Circuit · 1931
- Kaplan v. Manhattan Life Ins. Co. of New YorkCourt of Appeals for the D.C. Circuit · 1939
- Zurich General Accident & Liability Ins. Co. of Zurich v. FlickingerCourt of Appeals for the Fourth Circuit · 1929
- Security Life Ins. Co. of America v. BrimmerCourt of Appeals for the Eighth Circuit · 1929
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