(Download) "Reserve Life Insurance Co. v. Howell" by Department 1 Supreme Court of Oregon # Book PDF Kindle ePub Free
eBook details
- Title: Reserve Life Insurance Co. v. Howell
- Author : Department 1 Supreme Court of Oregon
- Release Date : January 30, 1960
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
ROSSMAN, Justice. This is an appeal by the plaintiff, Reserve Life Insurance Company, from a decree of the circuit court which (1) dismissed the plaintiffs complaint, (2) awarded the defendant judgment upon her third, fourth, fifth and seventh counterclaims and (3) dismissed the defendants first, second and sixth counterclaims. The suit which was terminated in that manner was instituted by the plaintiff for the rescission of three policies of health and accident insurance which it issued April 9, 1956, to the defendant. The complaint alleged that the defendant deceived the plaintiff into issuing the policies by materially misrepresenting the state of her health when she applied for the policies. The amended answer (1) denied those allegations, (2) averred that the plaintiff waived its right to rescind by accepting premiums after it had knowledge of the alleged misrepresentations and (3) presented seven counterclaims which were based upon provisions of the policies for health benefits and averments of instances of illness. The answer alleged that the defendant gave correct replies to the plaintiffs soliciting agent and that the latter, in entering in the applications for insurance the substance of the information which she gave, was solely responsible for misrepresentations contained in the applications. The answer did not allege that the defendant in any manner changed her position in reliance upon the fact that the plaintiff retained the premiums which she paid. Nor did it allege that the defendant relied upon the acceptance of the premiums as a representation by the plaintiff that the policies were still in force. The reply denied all
 "Reserve Life Insurance Co. v. Howell" by Department 1 Supreme Court of Oregon # Book PDF Kindle ePub Free){kind=link}