Mutual Life Insurance v. Allen
Supreme Court of Alabama
Appeal from Dallas Circuit Court. Heard before Hon. B. M. Miller. Action by Lulu T. Allen against the Mutual Life Insurance Company of New York on a policy issued on the life of her husband. Judgment for plaintiff, and defendant appeals. For former appeal in this case see. — Mutual L. I. Co. v. Allen, 166 Ala. 159. A misrepresentation renders a policy void on the .-ground of fraud. — Ala. G. L. I. Co. v. Johnson, 80 Ala. 470. Each of the pleas stated a good defense. — Mut.
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Appeal from Dallas Circuit Court. Heard before Hon. B. M. Miller. Action by Lulu T. Allen against the Mutual Life Insurance Company of New York on a policy issued on the life of her husband. Judgment for plaintiff, and defendant appeals. For former appeal in this case see. — Mutual L. I. Co. v. Allen, 166 Ala. 159. A misrepresentation renders a policy void on the .-ground of fraud. — Ala. G. L. I. Co. v. Johnson, 80 Ala. 470. Each of the pleas stated a good defense. — Mut. Jj. I. Co. v. Allen, supra; Brown v. Springfield L. A. Assn., 53 N. E. 129. State statutes forbidding the use of an…
1Opinion of the CourtMayfield, J.
Appellee sued appellant on an insurance policy. The original policy was issued October 26, 1902, insuring the life of AValter E. Allen, the husband of the plaintiff. The policy lapsed for nonpayment of premiums; but on December 21, 1907, at the request of the insured, the policy was renewed, or reinstated, for the reduced amount of $2,500; the original amount being $5,000.
When the case was here on former appeal (reported in 166 Ala. 159, 51 South. 877) it was ruled that the court properly sustained the demurrers to certain pleas which set up statements, made in the application for the…
2Cases cited2 opinions
- Empire Life Insurance v. GeeSupreme Court of Alabama · 1911
- Mutual Life Insurance v. AllenSupreme Court of Alabama · 1909
3Cited by31 opinions
- Mutual Life Ins. Co. of New York v. LovejoySupreme Court of Alabama · 1917
- Reliance Life Ins. Co. v. SneedSupreme Court of Alabama · 1928
- Mutual Life Ins. Co. of New York v. LovejoySupreme Court of Alabama · 1919
- Johnson v. National Life InsuranceSupreme Court of Minnesota · 1913
- Sovereign Camp. W. O. W. v. HutchinsonSupreme Court of Alabama · 1926
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