Hilt v. Metropolitan Life Insurance
Michigan Supreme Court
Error to Muskegon; Russell, J. Assumpsit by. Lizzie Hilt against the Metropolitan Life Insurance Company on a policy of insurance. Erom a judgment for plaintiff, defendant brings error.
1DissentHooker, J.
The plaintiff recovered upon a life policy issued September 10, 1894, upon the life of her husband, who died on July 3, 1895. The .premium was payable weekly, in installments of 15 cents. The policy contained the proviso that “no obligation is assumed by this company prior to the date hereof, nor unless, on said date, the assured is alive and in sound health.” The company defended upon the ground that, at the time the policy issued, the assured was not in sound health, but was ailing from a disease of the spine, which continued, and caused his death. This was not admitted, but it was claimed…
2Cases cited4 opinions
- Cleaver v. Traders' InsuranceMichigan Supreme Court · 1887
- Pitney v. . Glen's Falls Insurance Co.New York Court of Appeals · 1875
- Bourgeois v. Mutual Fire InsuranceWisconsin Supreme Court · 1893
- Mallory v. Metropolitan Life InsuranceMichigan Supreme Court · 1893