Carlson v. Metropolitan Life Insurance
Massachusetts Supreme Judicial Court
Contract on a policy of insurance on the life of Sophia W. Carlson for the benefit of her husband, Carl Axel Carlson. The writ was dated August 11,1896, and the insured died at Stockholm, in Sweden, October 2,1894. Trial in the Superior Court, before Blodgett, J., who, at the close of the testimony for the plaintiff, ruled, at the request of the defendant, that the provision in the policy requiring the action to be brought within six months from the death of the insured was…
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Contract on a policy of insurance on the life of Sophia W. Carlson for the benefit of her husband, Carl Axel Carlson. The writ was dated August 11,1896, and the insured died at Stockholm, in Sweden, October 2,1894. Trial in the Superior Court, before Blodgett, J., who, at the close of the testimony for the plaintiff, ruled, at the request of the defendant, that the provision in the policy requiring the action to be brought within six months from the death of the insured was a bar to the action, and directed the jury to return a verdict for the defendant; and the plaintiff alleged exceptions,…
1Opinion of the CourtHammond, J.
The seventh condition of this contract, so far as material, is as follows: “ No suit shall be brought against this company under this policy . . . after six months from the date of death of the insured. If any such suit be commenced after said six months, the lapse of time shall be taken to be conclusive evidence against any claim, the provisions of any and all statutes of limitation to the contrary notwithstanding.” Since the suit was not brought within the time therein named, this condition furnishes a complete defence, unless by waiver or in some other way the defendant has lost the right…
2Cases cited3 opinions
- Kyte v. Commercial Union Assurance Co.Massachusetts Supreme Judicial Court · 1887
- Porter v. United States Life InsuranceMassachusetts Supreme Judicial Court · 1893
- Jennings v. Metropolitan Life InsuranceMassachusetts Supreme Judicial Court · 1888
3Cited by5 opinions
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- London Clothes, Ltd. v. Maryland Casualty Co.Massachusetts Supreme Judicial Court · 1945
- Lewis v. Metropolitan Life InsuranceMassachusetts Supreme Judicial Court · 1902
- Kulberg v. Supreme Council of the Fraternal Aid UnionSupreme Court of Minnesota · 1916
- Thomson v. American Fidelity Co.Massachusetts Supreme Judicial Court · 1913