Mayfield v. Montana Life Insurance
Montana Supreme Court
Appeal from District Coxirt, Fallon Comity; C. J. Dousman, Judge.- Action by Mabel A. Mayfield against the Montana Life Insurance Company and another. Judgment for defendant on sustaining demurrer to complaint. Plaintiff appeals. Cause submitted on brief.of Counsel for Appellant. Oral contracts of insurance have been generally recognized and upheld by the courts. (Western Assur. Co. v. McAlpin, 23 Ind. App. 220, 77 Am. St. Rep. 423, 55 N. E. 119; Croft v. Hanover Fire Ins.
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Appeal from District Coxirt, Fallon Comity; C. J. Dousman, Judge.- Action by Mabel A. Mayfield against the Montana Life Insurance Company and another. Judgment for defendant on sustaining demurrer to complaint. Plaintiff appeals. Cause submitted on brief.of Counsel for Appellant. Oral contracts of insurance have been generally recognized and upheld by the courts. (Western Assur. Co. v. McAlpin, 23 Ind. App. 220, 77 Am. St. Rep. 423, 55 N. E. 119; Croft v. Hanover Fire Ins. Co., 40 W. Va. 508, 52 Am. St. Rep. 902, 21 S. E. 854.) From the pleadings it must be conceded that the oral contract…
1Opinion of the Court
MR. CHIEF COMMISSIONER STARK
prepared the opin ion for the court.
The complaint, in substance, alleges: That the defendant Montana Life Insurance Company was at the times mentioned, and still is, a corporation under the laws of Montana, and that George M. Guteh was the general agent of said company. That Gutch was engaged in soliciting business for his company, and while doing so it was his general practice and custom as such general agent to represent to prospective and actual patrons of his company that the insurance contemplated was binding from the date the first year’s premium was paid,…
2Cases cited3 opinions
- Northwestern Mutual Life Insurance v. NeafusCourt of Appeals of Kentucky · 1911
- Mohrstadt v. Mutual Life Ins.Court of Appeals for the Eighth Circuit · 1902
- Fraser v. Home Life InsuranceSupreme Court of Vermont · 1899
3Cited by4 opinions
- Allen v. Metropolitan Life InsuranceSupreme Court of New Jersey · 1965
- Field v. Missouri Life Ins. Co.Utah Supreme Court · 1930
- Wyoming Farm Bureau Mutual Insurance v. SmithDistrict Court, D. Montana · 1966
- Wyoming Farm Bureau Mutual Ins. Co., a Corp. v. Curtis L. Smith and Jamie L. SmithCourt of Appeals for the Ninth Circuit · 1967