Alabama Gold Life Insurance v. Johnston
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before Hon. W. E. Clarice. This action was brought against the appellant, a domestic corporation, on 31st October, 1884, by William F. Johnston, administrator of the estate of Dora E. Connor, and guardian of William T. and Walter M. Connor, minor children of William D. Connor, deceased: and was founded on a policy of life insurance which the said W. D. Connor effected with appellant corporation for the benefit of said Dora E.…
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Appeal from the Circuit Court of Mobile. Tried before Hon. W. E. Clarice. This action was brought against the appellant, a domestic corporation, on 31st October, 1884, by William F. Johnston, administrator of the estate of Dora E. Connor, and guardian of William T. and Walter M. Connor, minor children of William D. Connor, deceased: and was founded on a policy of life insurance which the said W. D. Connor effected with appellant corporation for the benefit of said Dora E. and her children on 3d December, 1872. The complaint avers the fact of insurance, and the death of the assured, which…
1Opinion of the CourtSomerville, J.
The question of most importance,^, which is raised by the rulings of the court in this case, is,' whether the answers made by the assured to the questions contained in the application for insurance are to be construed as absolute warra/nties, or in the nature of mere representations.
The distinction between a warranty and a representation in insurance is frequently a question of difficulty, especially in the light of more recent decisions, which recognize the subject as one of growing importance in its relations particularly to life insurance. As a general rule it has been laid down, that a…
2Cases cited11 opinions
- Scudder v. Union National BankSupreme Court of the United States · 1875
- Moulor v. American Life InsuranceSupreme Court of the United States · 1884
- National Bank v. Insurance Co.Supreme Court of the United States · 1878
- Campbell v. New England Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1867
- Jeffries v. Life InsuranceSupreme Court of the United States · 1875
6 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Empire Life Insurance v. GeeSupreme Court of Alabama · 1911
- Mutual Life Ins. Co. v. MandelbaumSupreme Court of Alabama · 1922
- Reliance Life Ins. Co. v. SneedSupreme Court of Alabama · 1928
- Phoenix Assurance Co. of London v. Munger Improved Cotton MacHine Manufacturing Co.Texas Supreme Court · 1898
- Brotherhood of Railway & Steamship Clerks, Freight Handlers, Express & Station Employees v. RigginsSupreme Court of Alabama · 1925
39 more not listed; retrieve them via the Exa API.