Burruss v. National Life Ass'n
Supreme Court of Virginia
Error to a judgment of the Law and Chancery Court of the-City of Norfolk rendered March 15, 1897, in a proceeding by motion for a judgment on a life insurance policy wherein the ■ plaintiff in error was the plaintiff, and the defendant in error was the defendant. This was a proceeding by motion on an insurance policy issued in favor of the plaintiff in error on the life of John IP.
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Error to a judgment of the Law and Chancery Court of the-City of Norfolk rendered March 15, 1897, in a proceeding by motion for a judgment on a life insurance policy wherein the ■ plaintiff in error was the plaintiff, and the defendant in error was the defendant. This was a proceeding by motion on an insurance policy issued in favor of the plaintiff in error on the life of John IP. Dezendorf, for the sum of $15,000. The policy was issued April 11, 1894. During the month of May following the company requested the return of the policy for cancellation, on the ground that it had been obtained by…
1Opinion of the CourtHarrison, J.
The court is of opinion that sec. 3252 of the Code, which provides that no failure to perform any condition or restrictive provision of a policy shall be a valid defence to an action thereon unless such condition or restrictive provision be printed in type of a specified size, or written with pen and ink in or on the policy, applies alike to the application and the policy issued thereon, where, as in the case under consideration, the application is expressly made a part of the contract of insurance. In such a case the application and the policy issued thereon, taken together, constitute the…
2Cited by17 opinions
- Connecticut Mutual Life Insurance v. HillmonSupreme Court of the United States · 1903
- State Mut. Life Ins. Co. v. RosenberryTexas Commission of Appeals · 1919
- Equitable Life Assurance Society of the United States v. New Horizons, Inc.Supreme Court of New Jersey · 1958
- In Re Epic Mortgage Insurance LitigationDistrict Court, E.D. Virginia · 1988
- Hicks v. WynnSupreme Court of Virginia · 1923
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