Commercial Life Insurance v. McGinnis
Indiana Court of Appeals
From Superior Court of Vanderburgh County; Alexandér Gilchrist, Judge. Action by Emily S. McGinnis against the Commercial Life Insurance Company. Prom a judgment for plaintiff, the defendant appeals.
1Opinion of the CourtMyers, J.
— On January 2, 1908, appellant issued a policy on the life of John R. McGinnis, with Emily S. McGinnis, his wife, as beneficiary, who brought this action to enforce its payment.
A demurrer for want of facts, to the complaint in one paragraph, alleging facts usual in such cases, was overruled, and this ruling is assigned as error.
1. The insured’s application, which is made a part of the policy by reference, is not made a part of the complaint, and for this reason only the pleading is claimed to be defective. Appellant, in support of this contention, insists that the rule of pleading in this…
2Cases cited11 opinions
- Clement v. Insurance Co.Tennessee Supreme Court · 1898
- Reagan v. Union Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1905
- Federal Life Insurance v. KerrIndiana Supreme Court · 1909
- Kline v. National Benefit Ass'nIndiana Supreme Court · 1887
- Penn Mutual Life Insurance v. NorcrossIndiana Supreme Court · 1904
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Dibble v. Reliance Life InsuranceCalifornia Supreme Court · 1915
- Ebner v. Ohio State Life InsuranceIndiana Court of Appeals · 1918
- West v. National Casualty Co.Indiana Court of Appeals · 1916
- Stevens v. Woodmen of the WorldMontana Supreme Court · 1937
- Allick v. Columbian Protective Ass'nAppellate Division of the Supreme Court of the State of New York · 1945
3 more not listed; retrieve them via the Exa API.