{
  "id": 5404814,
  "name": "Marie Mahalek, Appellee, v. Merchants Reserve Life Insurance Company, Appellant",
  "name_abbreviation": "Mahalek v. Merchants Reserve Life Insurance",
  "decision_date": "1917-04-16",
  "docket_number": "Gen. No. 22,788",
  "first_page": "334",
  "last_page": "335",
  "citations": [
    {
      "type": "official",
      "cite": "205 Ill. App. 334"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
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  "last_updated": "2023-07-14T17:46:37.056812+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Marie Mahalek, Appellee, v. Merchants Reserve Life Insurance Company, Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Holdom\ndelivered the opinion of the court.\n4. Insurance, \u00a7 659*\u2014when evidence is sufficient to show truth of statements in application. Evidence in an action on a life insurance policy, held to warrant finding that the insured's statements in his application for life insurance as to his health were true and not false.\n5. Insurance, \u00a7 663 \u2014what is not evidence of Knowledge of falsity of statements by insured in application. A coroner\u2019s finding on autopsy that an insured\u2019s death was due to organic heart disease, held not to he evidence tending to prove that the insured consciously departed from .the truth when he represented in his application for life insurance that he did not suffer from heart disease1, in an action to recover on a life insurance policy.",
        "type": "majority",
        "author": "Mr. Justice Holdom"
      }
    ],
    "attorneys": [
      "Gideon S. Thompson, for appellant.",
      "Hart E. Baker, for appellee."
    ],
    "corrections": "",
    "head_matter": "Marie Mahalek, Appellee, v. Merchants Reserve Life Insurance Company, Appellant.\nGen. No. 22,788.\n(Not to be reported in full.)\nAbstract of the Decision.\n1. Insurance, \u00a7 436 \u2014what is sufficient notice of insured\u2019s death obviating necessity of formal proofs. Where notice of an insured\u2019s death was given to the president of the insurer company who replied \u201call right, they would go and see him,\u201d held that this afforded the insurer all opportunity necessary for it to verify the death and ascertain the cause thereof, notwithstanding no formal proofs of death contemplated by the policy were made.\n2. Insurance, \u00a7 456*\u2014when formal proofs of death are waived. Where the insurer in a life insurance policy refused to pay upon the ground that the insured\u2019s answers to questions touching his health in his application for the policy were false, held that formal proofs of death contemplated by the policy were waived.\n3. Insurance, \u00a7 \"452*\u2014when notice of loss is waived. Where the defense to an action to recover on a life insurance policy is placed on other grounds than the death of the insured, notice of loss is waived.\nAppeal from the Circuit Court of Cook county; the Hon. Richard S. Tuthill, Judge, presiding. Heard in this court at the October term, 1916.\nAffirmed.\nOpinion filed April 16, 1917.\nStatement of the Case.\nAction by Marie Mahalek, plaintiff, against the Merchants Reserve Life Insurance Company, defendant, to recover on a life insurance policy. From a judgment for plaintiff for $1,161.39, defendant appeals.\nGideon S. Thompson, for appellant.\nHart E. Baker, for appellee.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number.\nSee Illinois Notes Digest, Vole. XI So XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0334-01",
  "first_page_order": 362,
  "last_page_order": 363
}