Gwaltney v. Provident Savings Life Assurance Society
Supreme Court of North Carolina
Action by W. R. Gwaltney and wife against the Provident Savings Life Assurance Society, beard by Judge B. F. Long and a jury, at February Term, 1903, of the Superior Court of Catawba County. From a judgment for the plaintiffs, the defendant appealed.
1DissentMontgomery, J.
This action was brought to recover the premiums, with interest thereon, paid on a life insurance policy issued to the plaintiff by the defendant in 1899, through its general agent in this State. The complaint alleges that said agent, in soliciting the application, agreed to issue to the plaintiff a level rate policy, whereas the one issued increased the premiums with age. The application on its face is for a policy "upon the annual renewal plan, with surplus applied to keeping premiums level, participating premiums payable quarterly," and the policy provides for "payment of the annual renewal…
2Cases cited19 opinions
- Insurance Co. v. WilkinsonSupreme Court of the United States · 1872
- McMaster v. New York Life InsuranceSupreme Court of the United States · 1901
- McLeod v. . BullardSupreme Court of North Carolina · 1881
- Insurance Company v. McCainSupreme Court of the United States · 1878
- Renier v. Dwelling House InsuranceWisconsin Supreme Court · 1889
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3Cited by28 opinions
- Hyde Insurance Agency, Inc. v. Dixie Leasing Corp.Court of Appeals of North Carolina · 1975
- Floars v. Ætna Life InsuranceSupreme Court of North Carolina · 1907
- Hartford Fire Insurance v. ReddingSupreme Court of Florida · 1904
- Brown v. Town of HillsboroSupreme Court of North Carolina · 1923
- Graham v. Mutual Life InsuranceSupreme Court of North Carolina · 1918
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