Legal Opinion

Attorney General v. Massachusetts Benefit Life Ass'n

Massachusetts Supreme Judicial Court

Decided May 19, 1898PublishedCited by 3 opinions

Petition, filed November 23, 1897, by the receivers of the Massachusetts Benefit Life Association, to obtain the instructions of this court as to the meaning of “ accrued claims ” in § 14 of St. 1890, c. 421, entitled “ An Act relating to assessment insurance.”

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Petition, filed November 23, 1897, by the receivers of the Massachusetts Benefit Life Association, to obtain the instructions of this court as to the meaning of “ accrued claims ” in § 14 of St. 1890, c. 421, entitled “ An Act relating to assessment insurance.” A decree was entered that accrued claims “ as applied to death claims, embrace and are confined to those claims where the death happened before the filing of the bill in this cause, to wit, August 17, 1897 ”; and an appeal was taken to the full court. The facts appear in the opinion.

1Opinion of the CourtAllen, J.

The question in this case arises under St. 1890, c. 421, § 14, which directs the accumulation of an emergency fund, and provides that when an assessment insurance company *194shall discontinue business a receiver may be appointed to administer any unexhausted portion of the fund, which shall be used, “ first, in the payment of accrued claims upon certificates or policies, or if insufficient to pay such claims in full, they shall be paid pro rata; second, if a balance remain, in the payment of like claims thereafter accruing in the order of their occurrence.” It is rightly assumed that the date…

2Cases cited3 opinions

  1. Union Mutual Ass'n v. MontgomeryMichigan Supreme Court · 1888
  2. American Loan & Trust Co. v. Northwestern Guaranty Loan Co.Massachusetts Supreme Judicial Court · 1896
  3. Williams v. United Reserve Fund AssociatesMassachusetts Supreme Judicial Court · 1896

3Cited by3 opinions

  1. Commissioner of Insurance v. Massachusetts Accident Co.Massachusetts Supreme Judicial Court · 1943
  2. Hill v. BakerMassachusetts Supreme Judicial Court · 1910
  3. Attorney General v. Equitable Accident InsuranceMassachusetts Supreme Judicial Court · 1900

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