Logia Suprema De La Alianza Hispano-Americana v. De Aguirre
Arizona Supreme Court
APPEAL from a judgment of the District Court of the First Judicial District in and for the County of Pima. John H. Campbell, Judge. STATEMENT OF FACTS BY THE COURT.
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APPEAL from a judgment of the District Court of the First Judicial District in and for the County of Pima. John H. Campbell, Judge. STATEMENT OF FACTS BY THE COURT. The appellee, as- plaintiff, commenced this action to recover from the defendant, this appellant, a judgment in the sum of $1,200 upon an insurance policy or benefit certificate issued by appellant to Feliberto Aguirre, a member of defendant society, in which appellee, as the wife of such member, was named as the beneficiary. The complaint alleges the death of the insured member on December 17, 1910; that at the time of his death…
1Opinion of the CourtCunningham, J.
The age of an applicant for insurance upon his life is regarded by all insurance companies as very important, both as affecting the risk assumed and in fixing the premium to be charged.
When an applicant for insurance misrepresents his true age, he has imposed upon the company in such a material matter as to invalidate the contract of insurance, and thereby relieves the company from liability thereunder. The issue raised in this case is the true age of the insured, and the question for solution is whether the affidavits offered by the defendant are competent testimony tending to establish his…
2Cases cited8 opinions
- Dilleber v. . Home Life Insurance Co.New York Court of Appeals · 1877
- Rawls v. . American Mutual Life Insurance CompanyNew York Court of Appeals · 1863
- Grangers' Life Insurance v. BrownMississippi Supreme Court · 1879
- Valley Mutual Life Ass'n v. TeewaltSupreme Court of Virginia · 1884
- Yore v. BoothCalifornia Supreme Court · 1895
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Pollack v. Metropolitan Life Ins. Co.Court of Appeals for the Third Circuit · 1943
- Missouri State Life Ins. v. YoungCourt of Appeals for the Ninth Circuit · 1930
- Seaside National Bank v. AllenArizona Supreme Court · 1929
- Pollack v. Metropolitan Life Ins. Co.Court of Appeals for the Third Circuit · 1943