Ferguson v. Union Mutual Life Insurance
Massachusetts Supreme Judicial Court
Contract on a policy issued by a life insurance company, organized under the laws of the State of Maine, upon the life of one George D. Ferguson, late husband of the plaintiff. Writ dated May 15, 1908. In the Superior Court the case was heard upon the pleadings and an agreed statement of facts by White, J., without a jury. The judge refused to rule as a matter of law that upon all the evidence the plaintiff could not recover.
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Contract on a policy issued by a life insurance company, organized under the laws of the State of Maine, upon the life of one George D. Ferguson, late husband of the plaintiff. Writ dated May 15, 1908. In the Superior Court the case was heard upon the pleadings and an agreed statement of facts by White, J., without a jury. The judge refused to rule as a matter of law that upon all the evidence the plaintiff could not recover. He found that the plaintiff’s husband, under the paid up non-forfeiture clause of the policy set out in the declaration, had fully paid six consecutive annual premiums…
1Opinion of the CourtBraley, J.
The policy of insurance upon which this action is brought contains provisions not generally found combined in such contracts in the form presented. In the first paragraph it purports in full-faced capital letters to be a “ non-forfeiture whole life ” policy, issued upon application of the wife of the insured for her separate use and benefit, and after reciting the amount of the annual premium, and receipt of its first payment, and the amount of insurance secured, expressly provides “ that after two or more of said annual premiums have been fully paid, this policy becomes a paid up,…
2Cases cited19 opinions
- Hoffman v. Ætna Fire InsuranceNew York Court of Appeals · 1865
- Campbell v. New England Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1867
- Pitt v. Berkshire Life InsuranceMassachusetts Supreme Judicial Court · 1868
- White v. Connecticut Fire InsuranceMassachusetts Supreme Judicial Court · 1876
- McAllister v. New England Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1869
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3Cited by37 opinions
- Clark v. State Street Trust Co.Massachusetts Supreme Judicial Court · 1930
- Rocci v. Massachusetts Accident Co.Massachusetts Supreme Judicial Court · 1916
- Ratner v. Canadian Universal Ins. Co. Ltd.Massachusetts Supreme Judicial Court · 1971
- Cass v. LordMassachusetts Supreme Judicial Court · 1920
- Dahlstrom Metallic Door Co. v. Evatt Construction Co.Massachusetts Supreme Judicial Court · 1926
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