Gambrill v. United States Health & Accident Insurance
Supreme Court of South Carolina
Before Klugh, J., Greenville, April, 1908. Two actions by Marion Franklin Gambrell against United States Plealth and Accident Insurance Co., in court of Magistrate Samuel Stradley.
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Before Klugh, J., Greenville, April, 1908. Two actions by Marion Franklin Gambrell against United States Plealth and Accident Insurance Co., in court of Magistrate Samuel Stradley. From Circuit order reversing judgment of magistrate in both cases, the plaintiff appeals. cites: Knozvledge of agent is knowledge of principal: 47 S. C., 148; 52 S. C., 228; 70 S. C., 295; 57 S. C., 369. Notice of forfeiture at issuance of policy estops company from asserting it: 75 S. C., 320; 79 S. C., 529; 75 S. C., 263; 74 S. C., 246. cites: Where answers are zvarranted true, assured is bound by them, whether…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
These two actions were commenced before a magistrate; one for eighty dollars on a health and accident policy, issued by the defendant to the plaintiff, 18th of June, 1906, said amount being fot sick benefit from 10th of December, 1906, to 10th of February, 1907; and the other for ninety and 66-100 dollars on the same policy, for sick benefit from 10th of February, 1907, to 18th of April, 1907.
The application for insurance was made upon certain statements, which the plaintiff warranted to be true, one of which was: “I have not had any…
2Cited by7 opinions
- Johnson v. New York Life Insurance Co.Supreme Court of South Carolina · 1932
- Metropolitan Life Ins. Co. v. BatesSupreme Court of South Carolina · 1948
- Kizer v. Woodmen of the WorldSupreme Court of South Carolina · 1935
- Huestess v. South Atlantic Life Ins.Supreme Court of South Carolina · 1911
- Livingston v. Union Central Life Ins. Co.Supreme Court of South Carolina · 1922
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