Cited by

Opinions in Louisiana that cite Gay v. United Benefit Life Insurance Company, 96 So. 2d 497.

43 citing documents.

Peterson v. Schimek 729 So. 2d 1024 La. 1999
In Interest of Jln 658 So. 2d 272 La. Ct. App. 2d Cir. 1995
(1957) and Irving v. U.S. Fidelity & Guar.
Grubbs v. Gulf Intern. Marine, Inc. 625 So. 2d 495 La. 1993
(1957), that in interpreting the provisions of codifications it must be borne in mind that primarily the general purpose of the lawmakers in enacting such legislation is to clarify and codify the laws as they then existed and as construed by the courtsnot to change them.
Giannouleas v. Phoenix Maritime Agencies, Inc. 621 So. 2d 1131 La. Ct. App. 1st Cir. 1993
Burst v. Western Fidelity Insurance Co. 561 So. 2d 980 La. Ct. App. 4th Cir. 1990
Darby v. Safeco Ins. Co. of America 545 So. 2d 1022 La. 1989
Bischoff v. Old Southern Life Ins. Co. 502 So. 2d 181 La. Ct. App. 3d Cir. 1987
22:619(B) as follows: "Under this statute, , (1957), the insurer must prove that the applicant's false statements were made with the intent to deceive and that they materially affected the acceptance of the risk or the hazard assumed by the insurer."
Henry v. State Farm Mut. Auto. Ins. Co. 465 So. 2d 276 La. Ct. App. 3d Cir. 1985
Green v. Pilot Life Ins. Co. 450 So. 2d 406 La. Ct. App. 3d Cir. 1984
(1957); Cloud v. Security General Life Ins.
Morris v. Southern Life & Health Ins. Co. 430 So. 2d 792 La. Ct. App. 5th Cir. 1983
(1957); Comment, 22 La.L.Rev.
Coleman v. Occidental Life Ins. Co. of NC 418 So. 2d 645 La. 1982
United Benefit Life Insurance v. Paul 405 So. 2d 1250 La. Ct. App. 1st Cir. 1981
Topps v. Universal Life Ins. Co. 396 So. 2d 394 La. Ct. App. 1st Cir. 1981
Holland v. Louisiana Health Service & Indemnity Co. 372 So. 2d 655 La. Ct. App. 1st Cir. 1979
(1957); Reed v. American Casualty Company of Reading, Pennsylvania, (La.App.
Martin v. Security Indus. Ins. Co. 367 So. 2d 420 La. Ct. App. 2d Cir. 1979
Johnson v. Occidental Life Ins. Co. of Cal. 368 So. 2d 1032 La. 1979
Under this statute, , (1957), the insurer must prove that the applicant's false statements were made with the intent to deceive and that they materially affected the acceptance of the risk or the hazard assumed by the insurer.
Cousin v. Page 367 So. 2d 875 La. Ct. App. 1st Cir. 1978
In Gay v. United Benefit Life Insurance Co. , (1957), our Supreme Court stated that a material misrepresentation by an insured will not defeat coverage unless such misstatement was made fraudulently or with intent to deceive.
Willis v. Colonial Life & Acc. Ins. Co. 353 So. 2d 480 La. Ct. App. 3d Cir. 1977
Co., , (1957); Stoma v. Prudential Ins.
Cloud v. Security General Life Ins. Co. 352 So. 2d 406 La. Ct. App. 3d Cir. 1977
(1957); Reed v. American Casualty Company of Reading, Pennsylvania, (La.App.
Brown v. National Old Life Ins. Co. 345 So. 2d 1023 La. Ct. App. 2d Cir. 1977
(1957), the Louisiana Supreme Court rendered its first decision interpreting Louisiana Revised Statutes 22:619(B) [1] .
Pendarvis v. Continental Service Life & Health Insurance Co. 339 So. 2d 367 La. Ct. App. 1st Cir. 1976
Amended and reenacted Acts 1958, No. 125.” , (1957) our Supreme Court interpreted this provision to mean that a material misrepresentation by an insured will not defeat recovery of policy proceeds unless such misstatement was made fraudulently or with the intent to deceive; that is, knowing it to be untrue and believing it to be material to the ri
Watson v. Life Insurance Company of La. 335 So. 2d 518 La. Ct. App. 1st Cir. 1976
Followed Jordan v. Life General Security Insurance 333 So. 2d 732 La. Ct. App. 1st Cir. 1976
While we would not be bound by this decision, , (1957) which was cited and followed in Stoma .
Brennan v. Provident Mutual Life Insurance 322 So. 2d 230 La. Ct. App. 1st Cir. 1975
Reed v. American Casualty Co. of Reading, Pa. 317 So. 2d 648 La. Ct. App. 1st Cir. 1975
(1957); ( 1 La.App., 1967 ); ( 3 La.App., 1971 ); ( 2 La.App.
Mistric v. Republic Nat'l Life Insurance Company 314 So. 2d 472 La. Ct. App. 1st Cir. 1975
(1957), that the burden of proof is on the insurer to establish that a misrepresentation was made in the application, that the misrepresentation was material to the risk, and that the misrepresentation was made with an actual intent to deceive the insurer.
Parfait v. Minnesota Mutual Life Insurance Co. 311 So. 2d 558 La. Ct. App. 4th Cir. 1975
(1957); Knight v. Jefferson Standard Life Ins.
Boyette v. Chrysler Credit Corporation 298 So. 2d 130 La. Ct. App. 1st Cir. 1974
New Jersey Life Insurance v. Henri Petetin, Inc. 297 So. 2d 726 La. Ct. App. 1st Cir. 1974
(1957) which held that a material false statement in an application will vitiate an insurance policy only if the applicant knew of its incorrectness.
Stoma v. Prudential Insurance Company of America 281 So. 2d 871 La. Ct. App. 3d Cir. 1973
(1957), and by this court in First Fed.
Murphy v. Continental Casualty Company 269 So. 2d 507 La. Ct. App. 1st Cir. 1972
We note, however, that subsequent to Roche above, , .
Bamburg v. Reserve Life Insurance 259 So. 2d 408 La. Ct. App. 1st Cir. 1972
The weight of authority, , (1957) holds that to invalidate an insurance policy for false statements in the application, the insurer must prove the insured made the false representations with the intent to deceive and they were material to the risk or hazard assumed by the insurer.
Hendricks v. Connecticut General Life Ins. Co. 244 So. 2d 249 La. Ct. App. 3d Cir. 1971
(citations omitted) Defendant contends that in the Fruge case, supra, , and, further, (2nd Cir. 1967) (4th Cir. 1964) have construed t
Carroll v. American Employers Insurance Co. 241 So. 2d 538 La. Ct. App. 1st Cir. 1970
528, 529 (fire insurance); , (health and accident insurance); General Finance Company of Louisiana v. Universal Automobile Ins.
112 Grocery v. Cappel 228 So. 2d 157 La. Ct. App. 1st Cir. 1969
Knight v. Jefferson Standard Life Insurance Co. 205 So. 2d 485 La. Ct. App. 1st Cir. 1967
Roy v. Trans-World Life Insurance Co. 199 So. 2d 416 La. Ct. App. 1st Cir. 1967
Co., , ; Frugé v. Woodmen of the World, supra, and authorities cited therein.
Trahan v. Security Life and Trust Company 199 So. 2d 617 La. Ct. App. 3d Cir. 1967
St. Paul Fire & Marine Insurance v. Clair 193 So. 2d 821 La. Ct. App. 1st Cir. 1966
528, 529 (fire insurance); , (health and accident insurance); General Finance Company of Louisiana v. Universal Automobile Ins.
Fruge v. Woodmen of World Life Insurance Society 170 So. 2d 539 La. Ct. App. 3d Cir. 1965
our Supreme Court said: "[A]fter a careful reading of the cases in which the preexisting law was interpreted and applied we are convinced that the codifiers, with reference to the provisions in question (LRS 22:619B), were merely attempting to express the courts' holding to the effect that in order to
Welch v. New York Underwriters Insurance Co. 145 So. 2d 376 La. Ct. App. 3d Cir. 1962
528, 529 (fire insurance); , (health and accident insurance); General Finance Company of Louisiana v. Universal Automobile Ins.
Kennison v. US LETTER CARRIERS'MUTUAL BEN. ASS'N 132 So. 2d 94 La. Ct. App. 1st Cir. 1961
it is necessary that not only must the answers given on the application be false, but the applicant must know them to be false.
State ex rel. Superior Oil Co. v. Texas Gas Transmission Corp. 128 So. 2d 849 La. Ct. App. 1st Cir. 1961
Co., , ; City of Alexandria v. La Combe, 220 La.