Fidelity Mutual Life Insurance v. Miazza
Mississippi Supreme Court
From the circuit court of, first district, Iiinds County. IIon. Kobert L. Bullard, Judge. Mrs. Miazza, appellee, was plaintiff in the court below, the insurance comp any, appellant, was defendant there. From a judgment in plaintiff’s favor, predicated of a peremptory instruction, the defendant appealed to the supreme court. The facts are stated in the opinion of the court.
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From the circuit court of, first district, Iiinds County. IIon. Kobert L. Bullard, Judge. Mrs. Miazza, appellee, was plaintiff in the court below, the insurance comp any, appellant, was defendant there. From a judgment in plaintiff’s favor, predicated of a peremptory instruction, the defendant appealed to the supreme court. The facts are stated in the opinion of the court. Can it be said, as a matter of law, that the concealment by Mi•azza of the fact that he had suffered a severe attack of dementia and physical prostration, necessitating the attendance of two physicians and his confinement…
1Opinion of the Court
Mayes, L,
delivered the opinion of the court.
On the 12th day of January, 1906, Peter S. Miazza applied to the Bidelity Mutual Life Insurance Company for a policy of insurance on his life in the sum of $1,000. As a condition preceding the acceptance of any risk, the insurance company has a foim of application which it is required that all persons desiring insurance .shall sign, and in this application there aro contained many questions addressed to the applicant for insurance; the object being to obtain general information as to the physical condition of the person seeking insurance, so as to en*35…
2Cases cited2 opinions
- Horton v. Home Insurance Co.Supreme Court of North Carolina · 1898
- Co-operative Life Ass'n v. LefloreMississippi Supreme Court · 1876
3Cited by35 opinions
- Fireman's Fund Insurance v. Great American InsuranceCourt of Appeals for the Second Circuit · 2016
- Gary Dukes and Thomas E. Barber, D/B/A D & B Dozer Service v. South Carolina Insurance CompanyCourt of Appeals for the Fifth Circuit · 1985
- Fireman's Fund Insurance v. Great American InsuranceDistrict Court, S.D. New York · 2014
- Henry M. Apperson v. United States Fidelity and Guaranty CompanyCourt of Appeals for the Fifth Circuit · 1963
- Mattox v. Western Fidelity InsuranceDistrict Court, N.D. Mississippi · 1988
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