Legal Opinion

Miller v. Mutual Benefit Life Insurance

Supreme Court of Iowa

Decided April 5, 1871PublishedCited by 63 opinions

Appeal from, Délanjoa/re Cvrcwit Cowrt. On tbe 19th day of February, A. D. 1866, Mary L. Miller, through her husband, James A. Miller, made an application to the Mutual Benefit Life Insurance Company for a policy of insurance upon the life of her said husband, as follows, to wit: “I, Mary L. Miller, wife of James A. Miller, of Le Claire, in the county of Scott, in the State of Iowa, being desirous of eifecting an assurance with the Mutual Benefit Life Insurance Company, in…

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Appeal from, Délanjoa/re Cvrcwit Cowrt. On tbe 19th day of February, A. D. 1866, Mary L. Miller, through her husband, James A. Miller, made an application to the Mutual Benefit Life Insurance Company for a policy of insurance upon the life of her said husband, as follows, to wit: “I, Mary L. Miller, wife of James A. Miller, of Le Claire, in the county of Scott, in the State of Iowa, being desirous of eifecting an assurance with the Mutual Benefit Life Insurance Company, in the sum of fire thousand dollars, upon the life of James A. Miller, of Dubuque, in tbe State ■ of Iowa, tbe person…

1Opinion of the Court

Day, Ch. J.

l. Life bjswto ageiit. — I. The defendant requested the court to give the jury the following instruction, to wit: “It is provided in the policy that it is the true intent and meaning thereof that .if the declaration made by or for the assured, and bearing date the 19th day of February, 1866, shall be found in any respect untrue, then the policy should be void. If, therefore, you find said declaration in any respect materially untrue, your verdict must be for the defendant.”

The court refused this instruction, and gave the following, to wit: '

“ An untrue or fraudulent statement, or…

2Cases cited8 opinions

  1. Campbell v. New England Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1867
  2. Rowley v. . the Empire Insurance Co.New York Court of Appeals · 1867
  3. Jefferson Insurance v. H. & D. Cotheal.New York Supreme Court · 1831
  4. Masters v. Madison County Mutual InsuranceNew York Supreme Court · 1852
  5. Sexton v. Montgomery County Mutual InsuranceNew York Supreme Court · 1848

3 more not listed; retrieve them via the Exa API.

3Cited by63 opinions

  1. Syndicate Insurance v. CatchingsSupreme Court of Alabama · 1893
  2. American Central Ins. v. McLanathanSupreme Court of Kansas · 1873
  3. Phœnix Mutual Life Insurance v. HinesleyIndiana Supreme Court · 1881
  4. Franklin Life Insurance v. GalliganSupreme Court of Arkansas · 1903
  5. Nelson v. Nederland Life InsuranceSupreme Court of Iowa · 1900

58 more not listed; retrieve them via the Exa API.

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