Campbell v. New England Mutual Life Insurance
Massachusetts Supreme Judicial Court
Contract against a mutual insurance company on a policy of insurance made by them to Andrew Campbell upon his life, payable to him, his executors, administrators and assigns, for the benefit of the plaintiff, “ upon the following conditions,” (among others,) that “ if the statements made by, or in behalf of, or with the knowledge of, the said assured, to said company, as the basis of, or in the negotiations for, this contract, shall be found in any respect untrue,” then the…
Read the full summary
Contract against a mutual insurance company on a policy of insurance made by them to Andrew Campbell upon his life, payable to him, his executors, administrators and assigns, for the benefit of the plaintiff, “ upon the following conditions,” (among others,) that “ if the statements made by, or in behalf of, or with the knowledge of, the said assured, to said company, as the basis of, or in the negotiations for, this contract, shall be found in any respect untrue,” then the policy should be null and void. The declaration alleged the making of the policy (a copy of which was annexed thereto);…
1Opinion of the Court
Wells, J.*
The policy in this case is upon the life of Andrew Campbell. It was made upon his application; it issued to him as “ the assured; ” the premium was paid by him ; and he thereby became a member of the defendant corporation. It is the interest of Andrew Campbell in his own life that supports the policy. The plaintiff did not, by virtue of the clause declaring the policy to be for her benefit, become the assured. She is merely the person designated by agreement of the parties to receive the proceeds of the policy upon the death of the assured. The contract, (so long as it remains…
2Cases cited4 opinions
- Jefferson Insurance v. H. & D. Cotheal.New York Supreme Court · 1831
- Hodsdon v. Guardian Life InsuranceMassachusetts Supreme Judicial Court · 1867
- Burroughs v. State Mutual Life Assurance Co.Massachusetts Supreme Judicial Court · 1867
- Snyder v. Farmers' Insurance & Loan Co.New York Supreme Court · 1834
3Cited by160 opinions
- Phoenix Life Ins. Co. v. RaddinSupreme Court of the United States · 1887
- Dilleber v. . Home Life Insurance Co.New York Court of Appeals · 1877
- Schwarzbach v. Ohio Valley Protective UnionWest Virginia Supreme Court · 1885
- Archer v. Equitable Life Assurance Society of the United StatesNew York Court of Appeals · 1916
- Miller v. Mutual Benefit Life InsuranceSupreme Court of Iowa · 1871
155 more not listed; retrieve them via the Exa API.