Legal Opinion

Provident Life & Accident Ins. Co. v. Hawley

Court of Appeals for the Fourth Circuit

Decided November 10, 1941No. 4815PublishedCited by 13 opinions

1Opinion of the Court

SOPER, Circuit Judge.

This is a suit for the cancellation of two policies of life insurance, and the decision turns upon the weight to be given to certain material misrepresentations made by the insured in his application for the policies. The falsity and materiality of the statements of fact are admitted, but the suit is defended on the grounds that the insurer waived the misrepresentations and did not rely upon them when issuing the policies.

Two policies upon the life of F. O. Hawley of Charlotte, North Carolina for $5,000 and $10,000 respectively were issued on April 19, 1939 by Provident…

2Cases cited13 opinions

  1. Gardner v. North State Mutual Life InsuranceSupreme Court of North Carolina · 1913
  2. Columbian Nat. Life Ins. Co. v. RodgersCourt of Appeals for the Tenth Circuit · 1940
  3. Dossett v. Franklin Life Ins.Texas Commission of Appeals · 1925
  4. Maggini v. West Coast Life InsuranceCalifornia Court of Appeal · 1934
  5. Great Northern Life Ins. Co. v. VinceCourt of Appeals for the Sixth Circuit · 1941

8 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. New York Life Insurance Company v. Lee StrudelCourt of Appeals for the Fifth Circuit · 1957
  2. Henry M. Apperson v. United States Fidelity and Guaranty CompanyCourt of Appeals for the Fifth Circuit · 1963
  3. Franklin Life Insurance Company v. Mary E. Bieniek and Sewickley Savings & Loan AssociationCourt of Appeals for the Third Circuit · 1963
  4. State Farm Mutual Automobile Insurance v. WestDistrict Court, D. Maryland · 1957
  5. The First Pennsylvania Banking And Trust Company v. The United States Life Insurance Company In The City Of New YorkCourt of Appeals for the First Circuit · 1969

8 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API