Northwestern Nat. Life Ins. v. Nalbant’s Empirical Analysis

Citation profile

5 federal appellate ·

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In Krajewski v. Western & Southern Life Ins. Co., 241 Mich. 396, 402, 403 , 217 N.W. 62, 64 , the Supreme Court of Michigan said: ‘It will be noted that this statute permits voidance of a policy, in case of a false statement, for any one of three reasons: (1) If made with actual intent to deceive; (2) if it materially affected the acceptance of the risk; (3) if it materially affected the hazard assumed by the insurer.’ The Court said, further, that this statute ‘condones no fraud perpetrated by an applicant in obtaining insurance and whitens no lies inducing acceptance of the risk.’ It is important to observe that the Court recognized that whether a representation made in an application for life insurance was false is a question for the jury, although the materiality of the representation is for the court. “In construing this same statute in North American Life Assur. Company v. Jones, 287 Mich. 298 , 283 N.W. 587, 589 , the Court said that ‘Misstatements made in good faith which materially affect acceptance of the risk constitute sufficient grounds for cancellation of the policy.’ This authority was cited by this court in Mutual Benefit Health & Accident Association v. Snyder, 6 Cir., 109 F.2d 469 . See, also, National Life & Accident Insurance Co., Inc., v. Nagel, 260 Mich. 635 , 245 N.W. 540 ; Prudential Insurance Co. of America v. Ashe, 266 Mich. 667 , 254 N.W. 243 ; Metropolitan Life Insurance Co. v. Jankowski, 285 Mich. 291 , 280 N.W. 766 .””

   1 later decision quote this exact passage · from the majority
   e.g. Continental Assurance Co. v. Shaffer

2. ““The falsity of any statement in the application for any policy covered by this chapter shall not bar the right to recovery thereunder unless such false statement was made with actual intent to deceive or unless it materially affected either the acceptance of the risk or the hazard assumed by the insurer.””

   1 later decision quote this exact passage · from the majority
   e.g. Miller v. Pacific Mutual Life Insurance