Behling v. Northwestern National Life Insurance
Wisconsin Supreme Court
Appeal from ,a judgment of the circuit court for Waupaca county: Chas. M. Webb, Circuit Judge. Action to recover on a life insurance policy issued in lieu of one previously held by plaintiff’s husband, which was upon an assessment plan requiring payment of an assessment of not exceeding $1.10 in definite periods and securing an indefinite amount of indemnity.
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Appeal from ,a judgment of the circuit court for Waupaca county: Chas. M. Webb, Circuit Judge. Action to recover on a life insurance policy issued in lieu of one previously held by plaintiff’s husband, which was upon an assessment plan requiring payment of an assessment of not exceeding $1.10 in definite periods and securing an indefinite amount of indemnity. The plan was changed in accordance with ch. 270, Laws of 1899, policy holders being permitted to surrender their contracts and obtain in lieu thereof others with a stipulated premium feature, so called, and securing to them fixed amounts…
1Opinion of the CourtMaeshall, J.
We apprehend that the court reached the conclusion that the forfeiture clause of the contract of insurance -did not include the note by applying the familiar rule of construction, often stated so broadly as to be liable to mislead, that the language of a contract will not be so interpreted as to result in a forfeiture if a different meaning can fairly be attributed to it, and that those parts of a contract embodied therein for the benefit of one party, so expressed as to be ambiguous, should be construed favorably to the other party. Those rules are sometimes supposed to permit a court to…
2Cases cited17 opinions
- Darrow v. . Family Fund SocietyNew York Court of Appeals · 1889
- Joliffe v. Madison Mutual InsuranceWisconsin Supreme Court · 1875
- Pitt v. Berkshire Life InsuranceMassachusetts Supreme Judicial Court · 1868
- Holly v. . Metropolitan Life Ins. Co.New York Court of Appeals · 1887
- Muhleman v. National Insurance Co.West Virginia Supreme Court · 1873
12 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Manhattan Life Ins. v. WrightCourt of Appeals for the Eighth Circuit · 1903
- North British & Mercantile Insurance v. TyeCourt of Appeals of Georgia · 1907
- Weidner v. Standard Life & Accident InsuranceWisconsin Supreme Court · 1906
- Farmers' & Merchants' Mutual Life Ass'n v. MasonIndiana Court of Appeals · 1917
- Struhl v. Travelers InsuranceAppellate Division of the Supreme Court of the State of New York · 1938
4 more not listed; retrieve them via the Exa API.