Rasicot v. Royal Neighbors of America
Idaho Supreme Court
APPEAL from the District Court of the First Judicial District (now the Eighth Judicial District], for the County of Bonner. Hon. W. W. Woods, Judge. Action by plaintiff to recover on an insurance of benefit certificate. Judgment for plaintiff and defendant appealed. The answers; in the application for the benefit certificate herein sued on are warranties. (Beard v. Boyal Neighbors, 53 Or. 102, 99 Pac. 83, 19 L. R. A., N. S., 789; Hoover y.
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APPEAL from the District Court of the First Judicial District (now the Eighth Judicial District], for the County of Bonner. Hon. W. W. Woods, Judge. Action by plaintiff to recover on an insurance of benefit certificate. Judgment for plaintiff and defendant appealed. The answers; in the application for the benefit certificate herein sued on are warranties. (Beard v. Boyal Neighbors, 53 Or. 102, 99 Pac. 83, 19 L. R. A., N. S., 789; Hoover y. Boyal Neighbors, 65 Kan. 616, 70 Pac. 595; Sinon v. Boyal Neighbors, 135 Ill. App. 599.) As a warranty is in the nature of a condition precedent to the…
1Opinion of the CourtAilshie, J.
(After Stating the Facts.) — At the outset it must be conceded that under the terms of this contract the answers given by the applicant for insurance are viewed by the law in the nature of warranties rather than as mere representations. (3 Joyce on Insurance, sec. 1944; Bacon on Benefit Societies, see. 194; Hoover v. Royal Neighbors of America, 65 Kan. 616, 70 Pac. 595; Beard v. Royal Neighbors of America, 53 Or. 102, 99 Pac. 83, 19 L. R. A., N. S., 798; Supreme Lodge Knights and Ladies of Honor v. Payne, 101 Tex. 449, 108 S. W. 1160, 15 L. R. A., N. S., 127.) It has been found as a fact that…
2Cases cited24 opinions
- Insurance Co. v. NewtonSupreme Court of the United States · 1875
- Brown v. Metropolitan Life InsuranceMichigan Supreme Court · 1887
- Giffen v. City of LewistonIdaho Supreme Court · 1898
- Supreme Lodge, Knights of Honor v. DavisSupreme Court of Colorado · 1899
- Trotter v. Grand Lodge of the Iowa Legion of HonorSupreme Court of Iowa · 1906
19 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Thornell v. Missouri State Life Ins.Texas Commission of Appeals · 1923
- Winks v. Board of Education of Normal Community Unit School District No. 5Illinois Supreme Court · 1979
- Lutheran Hospital of Fort Wayne, Inc. v. Department of Public WelfareIndiana Court of Appeals · 1979
- Estate of BrownIdaho Supreme Court · 1932
- Lee v. Metropolitan Life Ins. Co.Supreme Court of South Carolina · 1936
13 more not listed; retrieve them via the Exa API.