Fidelity Mutual Life Insurance v. Miazza
Mississippi Supreme Court
Prom the circuit court of, first district, Hinds county. Hon. Wiley H. Potter, Judge. Mrs. Miazza, appellee, was plaintiff in the court below; tbe insurance company, was defendant there. Prom a judgment in plaintiff’s favor for tbe full sum due on the policy of insurance sued upon, -tbe same having been' upon the life of her deceased husband, Peter Miazza, tbe defendant appealed (its second appeal), to tbe supreme court.
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Prom the circuit court of, first district, Hinds county. Hon. Wiley H. Potter, Judge. Mrs. Miazza, appellee, was plaintiff in the court below; tbe insurance company, was defendant there. Prom a judgment in plaintiff’s favor for tbe full sum due on the policy of insurance sued upon, -tbe same having been' upon the life of her deceased husband, Peter Miazza, tbe defendant appealed (its second appeal), to tbe supreme court. Tbe facts, necessary to an understanding of tbe decision, are stated in tbe opinion of tbe court. After tbe cause was remanded, it was tried on tbe same evidence, except that…
1Opinion of the CourtFletcher, J.
This case is before the court for the second time. On the first trial in the circuit court a peremptory instruction was given in favor of the appellee, mainly upon the ground that the insurance contract was to be construed according to the laws of Pennsylvania, in which state a misrepresentation will not avoid the policy, unless made with knowledge of the falsity of the representation. This court reversed the judgment, holding that the contract must be construed according to the laws of Mississippi, and that evidence tending to show that the representations were untrue was competent. It was…
2Cases cited1 opinion
- Fidelity Mutual Life Insurance v. MiazzaMississippi Supreme Court · 1908
3Cited by7 opinions
- Sanford v. Federated Guar. Ins. Co.Mississippi Supreme Court · 1988
- National Casualty Co. v. JohnsonMississippi Supreme Court · 1953
- Colonial Life & Acc. Ins. Co. v. CookMississippi Supreme Court · 1979
- Oglesbee v. National Security Fire & Casualty Co.District Court, S.D. Mississippi · 1992
- Reserve Life Insurance v. BrunsonMississippi Supreme Court · 1965
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