Flanigan v. Fed. Life Ins. Co.

• Decision Date: 17 December 1907
• Parties: FLANIGAN v. FEDERAL LIFE INS. CO.
• Court: Illinois Supreme Court

231 Ill. 399

83 N.E. 178

FLANIGAN

v.FEDERAL LIFE INS. CO.

Supreme Court of Illinois.

Dec. 17, 1907.

Appeal from Appellate Court, Third District, on Appeal from Circuit Court, Vermilion County; E. R. E. Kimbrough, Judge.

Action by Honora Flanigan against the Federal Life Insurance Company. From a judgment for plaintiff, defendant appeals. Affirmed.

C. A. Atkinson and Dyer & Wallbridge, for appellant.

C. M. Briggs, for appellee.

CARTWRIGHT, J.

The appellee, Honora Flanigan, brought this suit in the circuit court of Vermilion county against the appellant, Federal Life Insurance Company, on a policy of insurance issued by the appellant insuring the life of James Flanigan, husband of appellee. By her amended declaration the plaintiff alleged that the insurance policy was issued on November[231 Ill. 400]8, 1901; that the defendant thereby, in consideration of the payment of an annual premium of $22.90, insured the life of said James Flanigan for the sum of $1,000 payable to the plaintiff on satisfactory proof of the death of said James Flanigan; that said James Flanigan died on April 6, 1905; that proof of his death was made according to the terms and conditions of the policy; and that all the premiums had been duly paid up to the time of his death. To this declaration the defendant filed a plea of the general issue and seven special pleas, alleging fraud on the part of James Flanigan in procuring the issuing of the policy of insurance by making false answers concerning his health and the cause of death of his parents and relatives to questions contained in the application for insurance. The plaintiff filed a replication to all these pleas, setting out a clause of the policy as follows: ‘This policy shall be incontestable after one year from the date of issue, for the amount due, provided the premiums are duly paid,’ and alleging that a period of more than one year elapsed after the issuing of the policy before the death of the insured, and that all the premiums had been duly paid and all conditions of the policy complied with. To that replication the defendant filed a general demurrer. The plaintiff, by leave of court, then filed an additional count to her declaration, claiming interest. The demurrer to the replication was overruled, whereupon the defendant withdrew its plea of the general issue and elected to stand by the demurrer, and the plaintiff withdrew her additional count for interest. The court entered judgment against the...