New York Life Insurance v. Kimball
Supreme Court of Vermont
Appeal in Chancery. Bill to reform or cancel an indorsement npon a policy of insurance upon tbe life of Charles B. Kimball, in which the defendant is beneficiary. Heard on demurrer to the bill at the September Term, 1917, Chittenden County, Fish, Chancellor. Decree, sustaining the demurrer adjudging the bill insufficient, and dismissing it with costs. Plaintiff appealed.
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Appeal in Chancery. Bill to reform or cancel an indorsement npon a policy of insurance upon tbe life of Charles B. Kimball, in which the defendant is beneficiary. Heard on demurrer to the bill at the September Term, 1917, Chittenden County, Fish, Chancellor. Decree, sustaining the demurrer adjudging the bill insufficient, and dismissing it with costs. Plaintiff appealed. The policy in question was written on February 5, 1908,' on the ordinary life plan, for the sum of $1,500, payable to the defendant as beneficiary upon the death of the insured. The policy required the payment in advance of a…
1DissentPowers, J.
The majority say that the indorsement on the policy is not a contract, and that the policy itself is the only contract between the parties to it. To this I agree, and if the opinion of the majority had stopped there, this dissent would not have been written. It seems to me that the policy is the contract, and the indorsement a mere admission of the company; evidence against it, to be sure, as to how the provision for extended insurance works out. Like any other admission, it is subject to explanation and contradiction; and if it is the result of an error in computation, it should be…
2Cases cited21 opinions
- Hunt v. RhodesSupreme Court of the United States · 1828
- Thompson v. Phenix InsuranceSupreme Court of the United States · 1890
- Snell v. Insurance Co.Supreme Court of the United States · 1878
- Walden v. SkinnerSupreme Court of the United States · 1880
- Elliott v. SackettSupreme Court of the United States · 1883
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