Barker v. Metropolitan Life Insurance
Massachusetts Supreme Judicial Court
Contract upon a policy of life insurance issued by the defendant upon the life of the plaintiff’s husband for the plaintiff’s benefit.
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Contract upon a policy of life insurance issued by the defendant upon the life of the plaintiff’s husband for the plaintiff’s benefit. Writ in the Superior Court for the county of Middle-sex dated March 20,1900. The case previously was before this court, when it was decided, as reported in 188 Mass. 542, that, if the insured was not in sound health at the time when the policy of insurance was issued, the plaintiff could not recover, but that there was evidence for the jury on that question. There was another trial before Aiken, C. J. It appeared that the policy was issued when the insured was…
1Opinion of the CourtSheldon, J.
A verdict could not have been ordered for the defendant at the trial. There was evidence, and under the instructions given the jury must have found, that the insured at the date of the policy did not have cystic disease or cystic degeneration of the kidneys, but was in sound health, and that either he made no misstatements in his application, or, if so, that they were not made with actual intent to deceive and the matters so misstated did not increase the risk of loss. R. L. c. 118, § 21. St. 1907, c. 576, § 21. As the only exception saved was to the refusal of the court to give the specific…
2Cases cited21 opinions
- Campbell v. New England Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1867
- Cobb v. Covenant Mutual Benefit Ass'nMassachusetts Supreme Judicial Court · 1891
- Barker v. Metropolitan Life InsuranceMassachusetts Supreme Judicial Court · 1905
- Ferguson v. Union Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1904
- White v. Provident Savings Life Assurance SocietyMassachusetts Supreme Judicial Court · 1895
16 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- McDonough v. Metropolitan Life InsuranceMassachusetts Supreme Judicial Court · 1917
- Everson v. General Accident, Fire & Life Assurance Corp.Massachusetts Supreme Judicial Court · 1909
- Mutual Life Ins. v. DibrellTennessee Supreme Court · 1916
- Thornell v. Missouri State Life Ins.Texas Commission of Appeals · 1923
- Schiller v. Metropolitan Life InsuranceMassachusetts Supreme Judicial Court · 1936
18 more not listed; retrieve them via the Exa API.