Mailhoit v. Metropolitan Life Insurance
Supreme Judicial Court of Maine
Agreed statement. < In addition to the facts stated in the opinion, the parties also agreed that with said policy there was delivered to the plaintiff a book called "Premium Receipt Book,-’ for recording the weekly premiums paid on said policy, which book contained among other printed matter, "Extracts from the rules, regulations, &c., of said company,” among which was the following: "Under no circumstances can an application be written upon the life of a husband for the…
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Agreed statement. < In addition to the facts stated in the opinion, the parties also agreed that with said policy there was delivered to the plaintiff a book called "Premium Receipt Book,-’ for recording the weekly premiums paid on said policy, which book contained among other printed matter, "Extracts from the rules, regulations, &c., of said company,” among which was the following: "Under no circumstances can an application be written upon the life of a husband for the benefit of his wife, or upon a wife for her husband or (a legal insurable interest existing) upon the life of any person…
1Opinion of the CourtPoster, J.
The plaintiff seeks to recover the amount paid in premiums on a policy of insurance on the life of his wife.
The case comes before this court upon an agreed statement, and the facts briefly stated are these : On September 6, 1890, plaintiff ivas induced by defendant’s agent to take a policy of insurance, on the life of his wife in the defendant company, payable at her death to himself, upon the representations that the wife need not sign any application therefor or know or consent to the same ; that she need not be examined by a physician of the company, and that the company permitted…
2Cases cited15 opinions
- Insurance Co. v. WilkinsonSupreme Court of the United States · 1872
- New York Life Insurance v. FletcherSupreme Court of the United States · 1886
- Insurance Company v. MahoneSupreme Court of the United States · 1875
- Brown v. Metropolitan Life InsuranceMichigan Supreme Court · 1887
- O'Brien v. . Home Benefit SocietyNew York Court of Appeals · 1889
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3Cited by9 opinions
- Alinco Life Insurance Company v. The United StatesUnited States Court of Claims · 1967
- Mutual Reserve Fund Life Ass'n v. FerrenbachCourt of Appeals for the Eighth Circuit · 1906
- Tyler v. Capitol Indemnity InsuranceCourt of Appeals of Maryland · 1955
- Life Ins. Co. of Georgia v. LopezSupreme Court of Florida · 1983
- Provident Savings Life Assur. Society of New York v. EllingerCourt of Appeals of Texas · 1913
4 more not listed; retrieve them via the Exa API.