Simpson v. . Insurance Co.
Supreme Court of North Carolina
Civil ACTION, tried before Winston, J., at the Fall Term, 1894, of the Superior Court of Rutherford County, upon a case agreed, from which it appeared that the plaintiff, Mary Alice Simpson, is the widow of Robert Simpson, deceased, and the other plaintiffs are his children; that Robert Simpson on the 15th day of May, 1875, and also on the 15th day of May, 1876, insured his life for the sum of $1,000 in the North Carolina State Life Insurance Company, and received from said…
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Civil ACTION, tried before Winston, J., at the Fall Term, 1894, of the Superior Court of Rutherford County, upon a case agreed, from which it appeared that the plaintiff, Mary Alice Simpson, is the widow of Robert Simpson, deceased, and the other plaintiffs are his children; that Robert Simpson on the 15th day of May, 1875, and also on the 15th day of May, 1876, insured his life for the sum of $1,000 in the North Carolina State Life Insurance Company, and received from said company two policies of insurance, each for the sum of $1,000, to be paid at his death to his wife and children. The…
1DissentMacrae, J.
The defendant agreed "that all restrictions of travel, occupation or residence expressed in the original policy" should be waived. By this stipulation the fourth section of the original policy was in effect stricken out and forms no part of the contract between these parties.
It further agreed that the policy should be from the date of that agreement " incontestable"; and, as if to emphasize this promise, it added that when the policy became a claim "the amount of insurance" should be paid to the beneficiary immediately upon approval of proof of death. If the policy had lapsed or been…
2Cited by18 opinions
- Patterson v. Natural Premium Mutual Life InsuranceWisconsin Supreme Court · 1898
- Royal Circle v. AchterrathIllinois Supreme Court · 1903
- Scales v. Jefferson Standard Life Ins. Co.Tennessee Supreme Court · 1927
- Jolley v. Jefferson Standard Life InsuranceSupreme Court of North Carolina · 1930
- Stean v. Occidental Life Ins.New Mexico Supreme Court · 1918
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