New York Life Insurance v. Mills

Citations

• 51 Fla. 256

Syllabus

<p>1. In an action on a life insurance policy upon an issue as to whether the actual value of the insured’s interest exceeded the-loan value of the policy and the only witness on the point testified that there was an excess, the court may properly so charge.</p> <p>2. Upon an issue raised in an action on a life insurance policy it being shown that upon making a loan to the insured the company reserved the option to cancel the policy if the loan were not repaid, upon returning the cash surrender value, and instead of so cancelling the company opened up negotiations looking to a new loan, pending which the insured died, the plaintiff, the beneficiary under the policy, is entitled to a verdict.</p> <p>3. When the replication ignores certain facts' contained by a plea, taking issue only upon certain other facts therein- and the defendant files a general rejoinder to the replication, the facts so ignored cease to be issues in the cause.</p> <p>4. Agency to make a contract is sufficiently shown by a stipulation -of counsel that the parties executed a contract, by the ratification of the vice-president of an insurance company or that it was entered into at his suggestion.</p>