Legal Opinion

Fidelity Mutual Life-Insurance v. Blain

Michigan Supreme Court

Decided May 24, 1906No. Docket No. 102PublishedCited by 10 opinions

Appeal from Wayne; Brooke, J. Bill by the Fidelity Mutual Life-Insurance Company of Philadelphia, against Alexander W. Blain, executor of the last will and testament of August Bender, deceased, to cancel a policy of insurance, and to restrain an action at law. From a decree for complainant, defendant appeals.

1Opinion of the CourtMoore, J.

August Bender had a policy of insurance in complainant company. He died as a result of a shot from a revolver. The insurance company declined to pay the insurance, claiming it was obtained by means of false statements made in the application, and also because Mr. Bender committed suicide, which avoided the policy. Suit was commenced upon the law side of the court to recover the amount claimed to be due under the policy. *219The complainant then filed the bill of complaint in this case to restrain the action at law and tb cancel the policy. In addition to filing an answer to the bill of complaint,…

2Cases cited3 opinions

  1. Fred Macey Co. v. MaceyMichigan Supreme Court · 1906
  2. John Hancock Mutual Life Insurance v. DickMichigan Supreme Court · 1897
  3. Mactavish v. Kent Circuit JudgeMichigan Supreme Court · 1899

3Cited by10 opinions

  1. Bankers Reserve Life Co. v. OmbersonSupreme Court of Minnesota · 1913
  2. Ainscough v. O'SHAUGHNESSEYMichigan Supreme Court · 1956
  3. New York Life Insurance v. HamburgerMichigan Supreme Court · 1913
  4. Berger v. RoeMichigan Supreme Court · 1914
  5. Andrews v. AuerMichigan Supreme Court · 1913

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