Plumb v. Penn Mutual Life Insurance
Michigan Supreme Court
Error to Wayne; Frazer, J. Assumpsit by Ida G. Plumb against the Penn Mutual ' Life Insurance Company on a life-insurance policy. From a judgment for plaintiff, defendant brings error. The evidence showed that the insured was not in good health at the time of the delivery of the policy, and the policy, therefore, never became a binding obligation.
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Error to Wayne; Frazer, J. Assumpsit by Ida G. Plumb against the Penn Mutual ' Life Insurance Company on a life-insurance policy. From a judgment for plaintiff, defendant brings error. The evidence showed that the insured was not in good health at the time of the delivery of the policy, and the policy, therefore, never became a binding obligation. May, Ins. § 190; Cooke, Life Ins. p. 45; Insurance Co. v. Gilbert, 27 Mich. 429; Canning v. Farquhar, 16 Q. B. Div. 727; Whitley v. Insurance Co., 71 N. C. 480; Ormond v. Life Ass’n, 96 N. C. 158; Insurance Co. v. Kennedy, 6 Bush, 450; McClave v.…
1Opinion of the CourtLong, J.
Plaintiff brings this suit upon an insurance policy issued by the defendant company upon the life of her mother, Samantha L. Plumb, of Detroit, in the sum of $1,000. Upon the trial, plaintiff had verdict and judgment. The application was made in writing, and taken by a Mr. Hodge, who had arranged with the defendant company to procure insurance for it. The application was written December 16, 1893, but the medical examination was not had until January 16, 1894, and the policy was dated January 19th. The receipt for the first premium was countersigned by the Michigan State agent of the…
2Cases cited6 opinions
- Brown v. Metropolitan Life InsuranceMichigan Supreme Court · 1887
- Pudritzky v. Supreme Lodge Knights of HonorMichigan Supreme Court · 1889
- Hahn v. National UnionMichigan Supreme Court · 1893
- McGraw v. Germania Fire InsuranceMichigan Supreme Court · 1884
- Temmink v. Metropolitan Life InsuranceMichigan Supreme Court · 1888
1 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- French v. Fidelity & Casualty Co.Wisconsin Supreme Court · 1908
- Hines v. Kansas City Life Ins. Co.Court of Appeals of Texas · 1924
- Blumenthal v. Berkshire Life-InsuranceMichigan Supreme Court · 1903
- Boyle v. Northwestern Mutual Relief Ass'nWisconsin Supreme Court · 1897
- Metropolitan Life Ins. v. ChappellTennessee Supreme Court · 1924
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