Legal Opinion

Jacobs v. New York Life Insurance

Mississippi Supreme Court

Decided October 15, 1893PublishedCited by 4 opinions

From the circuit court of Copiah county. BLon. J. B. Chrisman, Judge. Action by Regina M. Jacobs against the New York Life .Insurance Company, a corporation domiciled in New York, but doing business in this state.

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From the circuit court of Copiah county. BLon. J. B. Chrisman, Judge. Action by Regina M. Jacobs against the New York Life .Insurance Company, a corporation domiciled in New York, but doing business in this state. The declaration alleges that on July 4, 1892, Herman Jacobs, the husband of plaintiff', applied in writing to the defendant company, through its agent at Natchez, Miss., for two policies of insurance for $5,000 each on the life of said Herman Jacobs, payable to plaintiff at his death; that said Jacobs was examined by the medical examiner of the- defendant compauy, and was pronounced…

1Opinion of the CourtCampbell, C. J.

There is no escape from the plain stipulation of the contract “that, if said application is not approved and accepted, said company shall incur no liability thereunder,” and the fact that said application was not approved and accepted, but the applicant died while the company was considering the application. It had incurred no liability, and cannot be held bound as if it had.

We have examined the cases cited for the appellant, but they fall far short of maintaining the liability of the company. The denial of all liability by the company, on the facts of this case, does not need the support of…

2Cited by4 opinions

  1. Savage v. Prudential Life Ins. Co. of AmericaMississippi Supreme Court · 1929
  2. LIFE & CASUALTY INSURANCE CO. OF TENN. v. HarvisonMississippi Supreme Court · 1966
  3. Van Arsdale Osborne v. YoungSupreme Court of Oklahoma · 1908
  4. Ford v. Lamar Life Insurance Co.Mississippi Supreme Court · 1984

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