Metropolitan Life Insurance v. Johnson
Supreme Court of Arkansas
Appeal from Craighead Circuit Court, Jonesboro District; William J. Driver, Judge; STATEMENT BY THE COURT. Fanny Johnson sued the Metropolitan Life Insurance •Company upon a policy issued upon the life of her sister, Hattie Bentley.
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Appeal from Craighead Circuit Court, Jonesboro District; William J. Driver, Judge; STATEMENT BY THE COURT. Fanny Johnson sued the Metropolitan Life Insurance •Company upon a policy issued upon the life of her sister, Hattie Bentley. No controversy is made as to the issuance of the policy and the death of the assured, but the payment of the policy is resisted on the ground that the insured made certain false answers in response to questions asked her in her application, and that said answers were warranties. The policy of insurance was not introduced in evidence. The application is dated…
1Opinion of the Court
Hart, J.,
(after stating the facts). The correctness of the modification to the defendant’s instruction depends upon whether or not the answers to the questions made by the applicant, as set out in the statement of facts, were warranties or representations merely. In the case of Providence Life Assurance Society v. Reutlinger, 58 Ark. 528, the court said: “Statements or agreements of the insured which are inserted or referred to in a policy are not always warranties. Whether they be warranties or representations depends upon the language in which they are expressed, the apparent purpose of the…
2Cases cited4 opinions
- Providence Life Assurance Society v. ReutlingerSupreme Court of Arkansas · 1894
- Spence v. Central Accident InsuranceIllinois Supreme Court · 1908
- Mutual Benefit Life Insurance v. RobertsonIllinois Supreme Court · 1871
- Ætna Life Insurance v. RehlaenderNebraska Supreme Court · 1903
3Cited by21 opinions
- Wharton v. ætna Life Ins. Co.Court of Appeals for the Eighth Circuit · 1931
- Mutual Life Insurance v. OwenSupreme Court of Arkansas · 1914
- Old Colony Life Insurance v. JulianSupreme Court of Arkansas · 1927
- United States Fidelity & Guaranty Co. v. MaxwellSupreme Court of Arkansas · 1922
- Federal Life Insurance v. HaseSupreme Court of Arkansas · 1937
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