Legal Opinion

Larkin v. Modern Woodmen of America

Michigan Supreme Court

Decided September 28, 1910No. Docket No. 111PublishedCited by 7 opinions

Error to Washtenaw; Kinne, J. Assumpsit by Margaret Larkin against the Modern Woodmen of America on a policy of insurance. A judgment for plaintiff is reviewed by defendant on writ of error.

1Opinion of the CourtBrooke, J.

Plaintiff is the beneficiary in an insurance policy issued to her son by the defendant, a fraternal organization. The insured came to his death by falling from the rear platform of an interurban car, on September 19, 1908. He had been a member of the defendant society for about nine years. The issues raised by defendant’s plea were:(1) That the suit was prematurely launched.(2) That the insured had misrepresented material facts in his application, with reference to his use of alcoholic beverages.(8) That the policy of insurance had been rendered void by the act of the insured in becoming…

2Cases cited8 opinions

  1. Cook v. Standard Life & Accident InsuranceMichigan Supreme Court · 1890
  2. Royal Highlanders v. ScovillNebraska Supreme Court · 1902
  3. Field v. National Council of Knights & Ladies of SecurityNebraska Supreme Court · 1902
  4. Showalter v. Modern Woodmen of AmericaMichigan Supreme Court · 1909
  5. Kocher v. Supreme Council Catholic Benevolent LegionSupreme Court of New Jersey · 1901

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3Cited by7 opinions

  1. Kamm & Schellinger Brewing Co. v. St. Joseph County Village Fire InsuranceMichigan Supreme Court · 1912
  2. Federal Life Insurance v. BarnettIndiana Court of Appeals · 1919
  3. Brown v. Great Camp Knights of Modern MaccabeesMichigan Supreme Court · 1911
  4. Asposito v. Security Benefit Assn.Michigan Supreme Court · 1932
  5. Allen v. Patrons' Mutual Fire Insurance Co. of Michigan, Ltd.Michigan Supreme Court · 1911

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