MCDONELL

v.

GAREE ET AL.

Citator

Cited By

• Apperson v. United States Fid. & Guar. Co., 318 F.2d 438 (5th Cir. 1963)
  …L.R. 361, et seq. . John Hancock Mut. Life Ins. Co. v. Cronin, 139 N.J.Eq. 392, 51 A. 2d 2, 5, 169 A.L.R. 355; Note: 169 A.L.R. 362, et seq. Also, cases cited in Note 3. . Columbian Nat. Life Ins. Co. v. Rodgers, 10 Cir.. 116 F. 2d 705, 707, c. d. 313 U.S. 561; Gouldin v. Inter-Ocean Insurance Company, 248 N.C. 161, 102 S.E. 2d 846, 849; 16 Appleman, Insurance Law and Practice, § 9255, p. 817. . Provident Life & Accident Ins. Co. v. Hawley, 4 Cir., 123 F. 2d 479, 483.…
• Union Ins. Exch. v. Gaul, 393 F.2d 151 (7th Cir. 1968)
  …dge that the 1961 cancellation was due to “too many accidents,” almost certainly indicating a poor driving record. As explained in Columbian National Life Insurance Co. of Boston, Mass. v. Rodgers, 116 F. 2d 705 (10th Cir. 1940), certiorari denied, 313 U.S. 561, 61 S.Ct. 838, 85 L.Ed. 1521, an insurance company is chargeable with knowledge of facts which it ought to have known. As the court there explained (at p. 707): “Knowledge which is sufficient to lead a prudent person to inquire about the matter, wh…
• Bouley v. Cont'l Cas. Co., 454 F.2d 85 (1st Cir. 1972)
  …sputable area, that a misrepresentation was material, is to show what would have been the company’s practice had the facts been truly stated. . Cf. Columbian Nat. Life Ins. Co. of Boston, Mass. v. Rodgers, 10 Cir., 1940, 116 F. 2d 705, cert, denied 313 U.S. 561, 61 S.Ct. 838, 85 L.Ed. 1521, a case not dear to the writer of this opinion. . See Dunn v. St. Louis, San Francisco R.R. Co., 10 Cir., 1966, 370 F. 2d 681, where the court elaborately set forth the reasons.…