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· 11/7/1955

Krause v. Equitable Life Insurance Co. of Iowa

Citations

  • 129 N.E.2d 617
  • 333 Mass. 200
  • 1955 Mass. LEXIS 551

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • concluding that an insurance policy was ineffective where events occurring after the coverage application was submitted caused the insured to fail to meet a condition precedent
  • stating that if “conditions ... were not satisfied no contractual duty under the policy ever arose”
  • term which is made a condition precedent to recovery under an insurance policy is not subject to waiver
  • term which is made a condition precedent to recovery under an insurance policy is not subject to waiver
  • plaintiff was entitled to have the jury determine whether the representation or warranty was made with actual intent to deceive or increased the risk of loss
  • “§186 does not apply to provisions in a policy which, by agreement of the parties, are made conditions precedent to the duty of performance on the part of the insurance company.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Qua, Ronan, Spalding, Williams, Counihan

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.