Otte v. Hartford Life Insurance
Supreme Court of Minnesota
Action in the district court for Dakota county to recover $1,500 and interest upon a life insurance policy. The case was tried before Crosby, J., and a jury, which rendered a verdict in favor of plaintiff for the sura demanded. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.
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Action in the district court for Dakota county to recover $1,500 and interest upon a life insurance policy. The case was tried before Crosby, J., and a jury, which rendered a verdict in favor of plaintiff for the sura demanded. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed. The statements -made in the application were warranties, first, because expressly so stated .therein; second, because that would be the legal effect of making the application a part of the policy itself. This rule has been repeatedly recognized by this court.…
1Opinion of the CourtRovely, J.
Action on a life insurance policy issued to William Otte, since deceased. His widow is the beneficiary. The cause was tried to the court and a jury. There was a verdict for plaintiff. A motion for judgment, or a new trial in the alternative, was overruled. From this order defendant appeals.
The insured was a farmer living near Randolph, in this state. One E. L. Hills was acting as a canvasser for defendant. Late in November, 1900, he went to the home of Otte, and requested Mm to apply to defendant for a policy on his life. As a result of Hills’" solicitations, he was authorized to make out'…
2Cases cited7 opinions
- Kausal v. Minnesota Farmers' Mutual Fire InsuranceSupreme Court of Minnesota · 1883
- Garrett v. Burlington Plow Co.Supreme Court of Iowa · 1886
- Renier v. Dwelling House InsuranceWisconsin Supreme Court · 1889
- Wilson v. Minnesota Farmers' Mutual Fire InsuranceSupreme Court of Minnesota · 1886
- Gude v. Exchange Fire Ins.Supreme Court of Minnesota · 1893
2 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Parsons, Rich & Co. v. LaneSupreme Court of Minnesota · 1906
- Olsson v. Midland InsuranceSupreme Court of Minnesota · 1917
- Rommel v. New Brunswick Fire Insurance Co.Supreme Court of Minnesota · 1943
- German-American Insurance v. YeagleyIndiana Supreme Court · 1904
- MacK v. Pacific Mutual Life InsuranceSupreme Court of Minnesota · 1926
17 more not listed; retrieve them via the Exa API.