Legal Opinion
Braaten Ex Rel. Estate of Braaten v. Minnesota Mutual Life Insurance Co.
South Dakota Supreme Court
Decided February 18, 1981No. 13101PublishedCited by 5 opinions
1Opinion of the Court
MILLER, Circuit Judge.
ISSUES
Did an applicant for credit life insurance make misrepresentations, omissions or concealments of fact which were fraudulent, material to the risk and knowledge of which would have resulted in the policy not being issued? Our holding is “yes.”
Is the insurance company which issued the credit life policy estopped from denying coverage under said policy? Our holding is “no.”
The judgment of the trial court holding to the contrary is reversed.
PARTIES
Appellant is the insurer.
Appellees are the estate of the insured, Robert C. Braaten, and his widow, as ad-ministratrix…
2Cases cited11 opinions
- Farmers Mutual Automobile Insurance v. BechardSouth Dakota Supreme Court · 1963
- Columbian Nat. Life Ins. Co. v. RodgersCourt of Appeals for the Tenth Circuit · 1940
- Major Oil Corporation, a Utah Corporation v. The Equitable Life Assurance Society of the United States, a CorporationCourt of Appeals for the Tenth Circuit · 1972
- Thomas v. Modern Brotherhood of AmericaSouth Dakota Supreme Court · 1910
- Bushfield v. World Mutual InsuranceSouth Dakota Supreme Court · 1963
6 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- In Re Epic Mortgage Insurance LitigationDistrict Court, E.D. Virginia · 1988
- De Smet Farm Mutual Insurance Co. of South Dakota v. BusskohlSouth Dakota Supreme Court · 2013
- Economy Fire and Casualty Company v. Tri-State Insurance Company of Minnesota, Economy Fire and Casualty Company v. Norma Schrader, Don Schrader, Jane Schrader, David Schrader, and Eugene Schrader, Economy Fire and Casualty Company v. Marlys Vanderwerf and Kevin VanderwerfCourt of Appeals for the Eighth Circuit · 1987
- Economy Fire & Casualty Co. v. Tri-State Insurance Co.Court of Appeals for the Eighth Circuit · 1987
- De Smet Farm Mutual Insurance Co. of South Dakota v. BusskohlSouth Dakota Supreme Court · 2013