Malicki v. Chicago Guaranty Fund Life Society
Michigan Supreme Court
Error to Wayne; Corbett, J., presiding. Assumpsit by Teófila Malicki against the Chicago Guaranty Fund Life Society on a policy of insurance. From a judgment for plaintiff, defendant brings error. This is an action upon a policy of insurance issued upon the life of John Malicki, the husband of plaintiff, who was the beneficiary named in the policy.
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Error to Wayne; Corbett, J., presiding. Assumpsit by Teófila Malicki against the Chicago Guaranty Fund Life Society on a policy of insurance. From a judgment for plaintiff, defendant brings error. This is an action upon a policy of insurance issued upon the life of John Malicki, the husband of plaintiff, who was the beneficiary named in the policy. The application contained the following questions and answers: “Q. Do you drink beer, ale, wine, or spirits? If so, state what, how often, and how much. “A. Yes; two or three glasses of beer daily. “ Q. Have you ever drank beer, ale, wine, or…
1Opinion of the CourtGrant, C. J.
(after stating the facts). 1. If all the testimony on the part of the defendant was true, the policy was void, and the court should have so instructed the jury. But the record does not contain all of the evidence, and, in view of the statement that there was testimony in rebuttal of that of the defendant; we cannot hold that the jury should have been so instructed. The court instructed the jury as follows:
“It is further claimed by the defendant that this policy was issued on condition that the deceased should not attend bar in his saloon. It appears from the evidence that the occupation of…
2Cases cited4 opinions
- Piedmont, Etc. Life-Ins. Co. v. Ewing, Etc.Supreme Court of the United States · 1876
- Redman v. Ætna InsuranceWisconsin Supreme Court · 1880
- Coburn v. Travelers' InsuranceMassachusetts Supreme Judicial Court · 1887
- Insurance Company v. FoleySupreme Court of the United States · 1882
3Cited by7 opinions
- McEwen v. New York Life InsuranceCalifornia Court of Appeal · 1919
- McEwen v. New York Life InsuranceCalifornia Supreme Court · 1921
- Berdan v. Milwaukee Mutual Life-InsuranceMichigan Supreme Court · 1904
- American Home Assurance Co. v. EvansDistrict Court, E.D. Michigan · 1984
- Hare v. Workingmen's Mutual Protective Ass'nMichigan Supreme Court · 1908
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