White v. Provident Savings Life Assurance Society
Massachusetts Supreme Judicial Court
Contract, upon a policy of insurance for $2,000, issued by the defendant on September 28, 1891, on the life of John T. White, and payable to the plaintiff, who was his mother. Trial in the Superior Court, before Sherman, J., who reported the case for the determination of this court, in substance as follows.
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Contract, upon a policy of insurance for $2,000, issued by the defendant on September 28, 1891, on the life of John T. White, and payable to the plaintiff, who was his mother. Trial in the Superior Court, before Sherman, J., who reported the case for the determination of this court, in substance as follows. John T. White died on February 26, 1892. The application for insurance was signed by the assured on September 28, 1891, and contained the following statements: “ I hereby apply to the ” defendant “ for a policy of insurance to be issued in accordance with the directions hereof. It is…
1Opinion of the CourtBarker, J.
The most important question raised by the report is as to the effect of St. 1887, c. 214, § 21, now by the Massachusetts insurance act of 1894 re-enacted as St. 1894, c. 522, § 21. The question is, in substance, whether the provisions of that section include in the word “ misrepresentation ” statements which in insurance law are classed as warranties because expressly said to be warranties by the language of the parties, or whether the section deals only with statements winch are representations, and not with technical warranties. The ruling given was upon the theory that the section did not…
2Cases cited3 opinions
- Campbell v. New England Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1867
- Ring v. Phœnix Assurance Co.Massachusetts Supreme Judicial Court · 1888
- Durkee v. India Mutual InsuranceMassachusetts Supreme Judicial Court · 1893
3Cited by33 opinions
- Union Central Life Ins. v. PollardSupreme Court of Virginia · 1896
- Empire Life Insurance v. GeeSupreme Court of Alabama · 1911
- Mutual Life Ins. v. DibrellTennessee Supreme Court · 1916
- Continental Fire Insurance v. WhitakerTennessee Supreme Court · 1903
- Dolan v. Mutual Reserve Fund Life Ass'nMassachusetts Supreme Judicial Court · 1899
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