Legal Opinion

Starr v. Mutual Life Insurance

Washington Supreme Court

Decided December 28, 1905No. 5809PublishedCited by 52 opinions

Appeal from a judgment of the superior court for Spokane county, Richardson, J., entered November 16, 1901, in favor of the defendant, upon granting a nonsuit at the close of plaintiffs case, in an action on a policy of life insurance.

1Opinion of the CourtRudkin, J.

On Rovember 30, 1903, at Spokane, Washington, Martin Luther Starr made application to the defendant insurance company, through one of its soliciting agents, for insurance on his life in the sum of $2,000. The application, which, was on a printed form furnished by the company, contained the following provisions:

“This application is the basis and part of a proposed contract for insurance which shall not take effect until the first premium shall have been paid during my continuance in good health, and the policy shall have been signed by the secretary of the company and issued.”

Also:

“I have paid…

2Cases cited5 opinions

  1. Insurance Co. v. WilkinsonSupreme Court of the United States · 1872
  2. Hart v. Niagara Fire InsuranceWashington Supreme Court · 1894
  3. Steinle v. New York Life Ins.Court of Appeals for the Fifth Circuit · 1897
  4. Cole v. Union Central Life InsuranceWashington Supreme Court · 1900
  5. Pace v. Provident Savings Life Assur. Soc.Court of Appeals for the Fifth Circuit · 1902

3Cited by52 opinions

  1. Gaunt v. John Hancock Mut. Life Ins. Co.Court of Appeals for the Second Circuit · 1947
  2. Smith v. Westland Life InsuranceCalifornia Supreme Court · 1975
  3. Service v. Pyramid Life InsuranceSupreme Court of Kansas · 1968
  4. Western & Southern Life Insurance v. ValeIndiana Supreme Court · 1938
  5. Simpson v. Prudential Insurance Co. of AmericaCourt of Appeals of Maryland · 1962

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