Philadelphia Life Ins. v. Arnold
Supreme Court of South Carolina
Before DeVore, J., Action by the Philadelphia Life Insurance Company of Philadelphia, Pa., against Quincy L. Arnold and wife, for cancellation of certain policies of life insurance. From a decree for plaintiff, defendants appeal. Mr. Cochran cites: The incontestable clause is in the nature of a statute of limitations: 25 Cyc. 873, 881; 19 Am. & Eng. Enc. of' Law (2d ed.) 79, et seq-; 101 Tenn. 22; 70 Am.
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Before DeVore, J., Action by the Philadelphia Life Insurance Company of Philadelphia, Pa., against Quincy L. Arnold and wife, for cancellation of certain policies of life insurance. From a decree for plaintiff, defendants appeal. Mr. Cochran cites: The incontestable clause is in the nature of a statute of limitations: 25 Cyc. 873, 881; 19 Am. & Eng. Enc. of' Law (2d ed.) 79, et seq-; 101 Tenn. 22; 70 Am. Rep. 650; 42 L. R. A. 247; lb. 253; lb. 261; 53 L. R. A. 743; 204 111. 549; 98 Am. St. Rep. 244; 63 L. R. A. 452; 242 111. 488; 134 Am. St. Rep. 337; 118 N. Y. 237; 16 Am. St. Rep. 749; 106…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Hydrick.
This action was brought to have two policies of insurance, issued by the plaintiff on the life of the defendant, Q. L. Arnold, in favor of his wife, Mattie IT. Arnold, can-celled on the ground that they were obtained by fraud. The policies were issued and dated June 11, 1910. The premiums were duly paid. The policies contain this clause: “This policy shall be incontestable, except for nonpayment of premiums, after one year from its date.” This action was commenced June 3, 1913, more than a year after the date of the policy. On…
2Cases cited5 opinions
- Massachusetts Benefit Life Ass'n v. RobinsonSupreme Court of Georgia · 1898
- Wright v. Mutual Benefit Life Ass'nNew York Court of Appeals · 1890
- Clement v. Insurance Co.Tennessee Supreme Court · 1898
- Kline v. National Benefit Ass'nIndiana Supreme Court · 1887
- Murray v. State Mutual Life InsuranceSupreme Court of Rhode Island · 1901
3Cited by9 opinions
- Weeks v. New York Life Ins. Co.Supreme Court of South Carolina · 1924
- McKendree v. Southern States Life InsuranceSupreme Court of South Carolina · 1919
- Henderson v. Life Ins. Co. of VirginiaSupreme Court of South Carolina · 1935
- Wingo v. New Work Life InsuranceSupreme Court of South Carolina · 1919
- Stevens v. Woodmen of the WorldMontana Supreme Court · 1937
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