Legal Opinion

Madden v. Interstate Business Men's Accident Ass'n

Supreme Court of Minnesota

Decided December 14, 1917No. 20,364PublishedCited by 2 opinions

Action to recover $338.57 lipón an accident insurance policy. The answer alleged false representations in the application for insurance. The case was tried in the district court for Waseca county before Childress, «T., and a jury which returned a verdict for defendant. From an order denying plaintiff’s motion for a new trial, he appealed.

1Opinion of the Court

Dibell, C.

This is an action to recover on a policy of accident insurance. There was, a verdict for the defendant. The plaintiff appeals from the order denying his motion for a new trial.

- In his application the plaintiff represented that he was free of a specific disease and was not deformed or crippled. The representation was material. Evidence was offered tending to show that it was untrue. The general verdict for the defendant necessarily, includes a finding that a false representation was made. It is not seriously urged that the evidence does not sustain such findings. The only question…

2Cases cited9 opinions

  1. Parsons, Rich & Co. v. LaneSupreme Court of Minnesota · 1906
  2. Mee v. Bankers' Life Ass'nSupreme Court of Minnesota · 1897
  3. Taylor v. Grand LodgeSupreme Court of Minnesota · 1905
  4. Schreiber v. German-American Hail InsuranceSupreme Court of Minnesota · 1890
  5. Home Fire Insurance v. KuhlmanNebraska Supreme Court · 1899

4 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. PHL Variable Insurance v. Lucille E. Morello 2007 Irrevocable Trust Ex Rel. BNC National BankCourt of Appeals for the Eighth Circuit · 2011
  2. Page v. Rollingstone Mutual Farmers Fire InsuranceSupreme Court of Minnesota · 1926

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