DesMoines Life Insurance v. Seifert
Illinois Supreme Court
Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Axel Chytraus, Judge, presiding.
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Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Axel Chytraus, Judge, presiding. This was a bill in chancery filed by the appellant, against the appellee, in the superior court of Cook county for the surrender and cancellation of a policy of insurance issued by appellant upon the life of Ernst Seifert, in which appellee was named as beneficiary, on the ground the policy was obtained by means of the false and fraudulent representations made by Seifert to the appellant at the time the policy was issued. The…
1Opinion of the CourtJustice Hand
The controlling question in this case is, has a court of equity jurisdiction to entertain a bill by an insurance company against a beneficiary named in its policy, after the death of the insured, to cancel a policy the issuance of which is alleged to have been obtained by the false and untrue statements of the insured? We are of the opinion it has not, for the reason the insurance company has a plain and adequate defense at law to a suit upon the policy. (Douglass v. Martin, 103 Ill. 25; Gore v. Kramer, 117 id. 176; Blade v. Miller, 173 id. 489; Vannatta v. Lindley, 198 id. 40; Cable v.…
2Cases cited2 opinions
- Insurance Co. v. BaileySupreme Court of the United States · 1871
- Douglass v. MartinIllinois Supreme Court · 1882
3Cited by11 opinions
- Ramsey v. Old Colony Life InsuranceIllinois Supreme Court · 1921
- Bankers Reserve Life Co. v. OmbersonSupreme Court of Minnesota · 1913
- Aetna Life Insurance v. RichmondSupreme Court of Connecticut · 1927
- Chicago National Life Insurance v. CarbaughIllinois Supreme Court · 1929
- Wollums Ex Rel. Wollums v. Mutual Benefit Health & Accident Ass'nMissouri Court of Appeals · 1931
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