New York Life Ins. v. Baker
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Nebraska. This was a suit on a life insurance policy issued by the New York Life Insurance Company, the plaintiff in error, which was brought by Ida M. Baker, the defendant in error, as guardian of her three minor children, Cecil Baker, De Loyd Baker, and Lamont Baker.
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In Error to the Circuit Court of the United States for the District of Nebraska. This was a suit on a life insurance policy issued by the New York Life Insurance Company, the plaintiff in error, which was brought by Ida M. Baker, the defendant in error, as guardian of her three minor children, Cecil Baker, De Loyd Baker, and Lamont Baker. The policy sued upon was issued by the. aforesaid company on the life of Ward L. Baker, for the benefit of the aforesaid minors, in the sum of $5,000; and the same was executed and delivered on or about July 13, 1893. The insured died on December 22, 1893;…
1Opinion of the Court
THAYER. Circuit Judge,
after stating the case as above, delivered the of the court.
It is contended in behalf of the insurance company that because of the statements made to its medical examiner by Ward L. Baker, the insured, to the effect that he had not been confined to his house hv illness since childhood, and had no physician, and had not con sailed a physician, the policy sued upon never took effect as a contract, but *650was at the outset, and so remained, utterly void and of no effect. As a corollary from this proposition, it is strenuously insisted that the doctrine of estoppel or waiver,…
2Cases cited9 opinions
- Insurance Co. v. NortonSupreme Court of the United States · 1878
- Titus v. . Glens Falls Insurance CompanyNew York Court of Appeals · 1880
- Hollis v. State InsuranceSupreme Court of Iowa · 1884
- Frost v. Saratoga Mutual InsuranceNew York Supreme Court · 1848
- Webster v. Phœnix InsuranceWisconsin Supreme Court · 1874
4 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Indiana National Life Insurance v. McGinnisIndiana Supreme Court · 1913
- Poch v. Equit. L. Assur. Soc.Supreme Court of Pennsylvania · 1941
- Staats v. Pioneer InsuranceWashington Supreme Court · 1909
- Pacific Mut. Life Ins. Co. of Cal. v. O'NeilSupreme Court of Oklahoma · 1913
- Roblin v. Supreme Tent of the Knights of the MaccabeesSupreme Court of Pennsylvania · 1920
11 more not listed; retrieve them via the Exa API.