Legal Opinion
Stewart v. American Life Ins.
Court of Appeals for the Tenth Circuit
Decided December 16, 1935No. Nos. 1268, 1269PublishedCited by 4 opinions
1Opinion of the Court
PHILLIPS, Circuit Judge.
On February 23, 1932, the American Life Insurance Company issued two policies of insurance on the life of Reese Smith Stewart. Each contains the following incontestable clauses:
“This policy shall be incontestable, except for non-payment of the premium, after one year from its date of issue if the Insured be then living, otherwise after two years from its date of issue. * * * ”
Stewart died May 31, 1932. On September 3, 1932, the Insurance Company brought these suits in equity to cancel the policies on the ground of alleged fraudulent statements in the application…
2Cases cited8 opinions
- Enelow v. New York Life InsuranceSupreme Court of the United States · 1935
- Di Giovanni v. Camden Fire InsuranceSupreme Court of the United States · 1935
- Lyons Milling Co. v. Goffe & Carkener, Inc.Court of Appeals for the Tenth Circuit · 1931
- Butler v. . WrightNew York Court of Appeals · 1906
- Kaufman v. WienerIllinois Supreme Court · 1897
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Stewart v. American Life Ins. Co.Court of Appeals for the Tenth Circuit · 1937
- Stewart v. American Life Ins.Court of Appeals for the Tenth Circuit · 1936
- Nichols v. Pacific Mut. Life Ins.Court of Appeals for the Eighth Circuit · 1936
- Connecticut Mut. Life Ins. v. LawrenceDistrict Court, E.D. Michigan · 1936