Home/Arizona Supreme Court/First Nat. Benefit Soc. v. Fiske

First Nat. Benefit Soc. v. Fiske

101 P.2d 208, 55 Ariz. 299, 1940 Ariz. LEXIS 251
CourtArizona Supreme Court
DecidedApril 8, 1940
DocketCivil No. 4159.
StatusPublished

This text of 101 P.2d 208 (First Nat. Benefit Soc. v. Fiske) is published on Counsel Stack Legal Research, covering Arizona Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
First Nat. Benefit Soc. v. Fiske, 101 P.2d 208, 55 Ariz. 299, 1940 Ariz. LEXIS 251 (Ark. 1940).

Opinion

This is a companion case to No. 4158, First National BenefitSociety, a Corporation, Appellant, v. Lucy Newcomer Fiske,Appellee, ante, p. 290, 101 P.2d 205. The two cases were consolidated for the purpose of trial. The principle difference is that there was undoubtedly evidence admitted before the jury tending to show that the insured, Charles E. Fiske, failed to disclose to the insurer that an application of his for insurance in another company, made some fifteen days before he applied for the certificate involved herein, had been rejected. This evidence makes the objectionable instruction set forth in the opinion in No. 4158 reversible error in the present case.

The judgment is reversed and the case remanded for a new trial.

ROSS, C.J., and McALISTER, J., concur. *Page 301

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Related

First National Benefit Society v. Fiske
101 P.2d 205 (Arizona Supreme Court, 1940)

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Bluebook (online)
101 P.2d 208, 55 Ariz. 299, 1940 Ariz. LEXIS 251, Counsel Stack Legal Research, https://law.counselstack.com/opinion/first-nat-benefit-soc-v-fiske-ariz-1940.