Floars v. Ætna Life Insurance
Supreme Court of North Carolina
Civil actios, tried before bis Honor, Webb, and a jury, at August Term, 1906, Superior Court of WayNE County. Plaintiff testified, in substance, that- during September, 1904, in Fremont, N. C., at tire instance of one Bridget's, a soliciting agent of tbe company, plaintiff signed an application for an accident insurance policy in defendant company, on tbe representation of tbe agent that for tbe premium agreed upon tbe policy applied for would confer on plaintiff, in case of…
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Civil actios, tried before bis Honor, Webb, and a jury, at August Term, 1906, Superior Court of WayNE County. Plaintiff testified, in substance, that- during September, 1904, in Fremont, N. C., at tire instance of one Bridget's, a soliciting agent of tbe company, plaintiff signed an application for an accident insurance policy in defendant company, on tbe representation of tbe agent that for tbe premium agreed upon tbe policy applied for would confer on plaintiff, in case of total loss of one eye, tbe right to recover one-tbird of tbe face of his policy, which was to be $1,000. That some time…
1Opinion of the Court
Hoke, J.,
after stating the case: It seems to be well established that, in the absence of some statutory inhibition, an oral contract of insurance, or to insure, will be upheld if otherwise binding, except, as suggested by one author, in the case of guaranty insurance. Yance on Insurance, 148; Beach on Insurance, vol. Y, sec. 438, note 2. And further, that the enactment of a statute which establishes a standard form for a policy, the statute being only affirmative in its terms, will not invalidate an oral contract. Hicks v. Ins. Co., 162 N. Y., 284.
This and other decisions also hold that, in…
2Cases cited9 opinions
- Upton v. TribilcockSupreme Court of the United States · 1875
- Insurance Co. v. MowrySupreme Court of the United States · 1878
- McMaster v. New York Life InsuranceSupreme Court of the United States · 1901
- Grabbs v. Farmers' Mutual Fire InsuranceSupreme Court of North Carolina · 1899
- Hicks v. British America Assurance Co.New York Court of Appeals · 1900
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3Cited by54 opinions
- Ursini v. GoldmanSupreme Court of Connecticut · 1934
- Elam v. Smithdeal Realty & InsuranceSupreme Court of North Carolina · 1921
- Elam v. . Realty Co.Supreme Court of North Carolina · 1921
- Hartford Fire Insurance Company v. ShapiroSupreme Court of Alabama · 1960
- Colt v. . KimballSupreme Court of North Carolina · 1925
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