Kansas Mutual Life Ins. v. Whitehead
Court of Appeals of Kentucky
Case 4. — ACTION BY MARIE E. WHITEHEAD AGAINST THE KANSAS MUTUAL LIFE INS. CO. and OTHERS ON A POLICY ON THE LIFE OF HER DECEASED HUSBAND.— Appeal from Jefferson Circuit Court, Common Pleas Branch, 1st. Div. Emmet Field, Judge. Judgment for plaintiff. Defendant appeals. 1. A man cannot contract against responsibility for his fraud. (Welch v. The Union Central Life Ins. Co'., 108 Iowa 224, 50 L. R. A. 774; Bliss Ins.
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Case 4. — ACTION BY MARIE E. WHITEHEAD AGAINST THE KANSAS MUTUAL LIFE INS. CO. and OTHERS ON A POLICY ON THE LIFE OF HER DECEASED HUSBAND.— Appeal from Jefferson Circuit Court, Common Pleas Branch, 1st. Div. Emmet Field, Judge. Judgment for plaintiff. Defendant appeals. 1. A man cannot contract against responsibility for his fraud. (Welch v. The Union Central Life Ins. Co'., 108 Iowa 224, 50 L. R. A. 774; Bliss Ins. Sec... 274; Kerr on Insurance See. 142; Kansas Mutual v. McGrath; Ritter v. Mutual Life Ins. Co., 169 U. S.- 139 , 42 L. Ed. 698; Supreme Commandery v. Ainsworth, 71 Ala. 436, 46…
1Opinion of the Court
Opinion by
Judge Barker
Reversing.
On February 10, 1898, tbe Kansas Mutual Life Insurance Company issued to Lurette M. Whitehead, a policy of insurance on his life for the sum of $2,000 payable at his death to his wife, Marie E. Whitehead, and which contained among others, the following stipulation: “After two years from its date this policy will be incontestable, provided the premiums are duly paid and the requirements of the company as to age, military or naval service, in time of war are observed.” To obtain the policy, the insured made the usual representations as to his health, and, to the…
2Cases cited5 opinions
- Wright v. Mutual Benefit Life Ass'nNew York Court of Appeals · 1890
- Reagan v. Union Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1905
- Sun Life Ins. v. TaylorCourt of Appeals of Kentucky · 1900
- Murray v. State Mutual Life InsuranceSupreme Court of Rhode Island · 1901
- Parvin v. Mutual Reserve Life InsuranceSupreme Court of Iowa · 1904
3Cited by14 opinions
- Indiana National Life Insurance v. McGinnisIndiana Supreme Court · 1913
- Mutual Life Ins. Co. of New York v. BufordSupreme Court of Oklahoma · 1916
- Weil v. Federal Life InsuranceIllinois Supreme Court · 1914
- Metropolitan Life Ins. Co. v. PeelerSupreme Court of Oklahoma · 1918
- Southern Union Life Ins. Co. v. WhiteCourt of Appeals of Texas · 1916
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