Porter v. Mutual Life Ins.
Supreme Court of Vermont
Assumpsit upon a policy of life insurance. Heard upon an agreed case at the June Term, 1897, Caledonia County, Taft, J., presiding. Judgment for the defendant. The plaintiff excepted. The facts are sufficiently stated in the opinion except in relation to the procuring of other insurance and obtaining possession of the policy. Shortly after signing this application the intestate applied for insurance in another company, stating that he had no insurance.
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Assumpsit upon a policy of life insurance. Heard upon an agreed case at the June Term, 1897, Caledonia County, Taft, J., presiding. Judgment for the defendant. The plaintiff excepted. The facts are sufficiently stated in the opinion except in relation to the procuring of other insurance and obtaining possession of the policy. Shortly after signing this application the intestate applied for insurance in another company, stating that he had no insurance. He did not then or ever afterwards intend to pay the note referred to or to take the policy in question. After his death, his brother went to…
1Opinion of the CourtMunson, J.
The first question to be considered is whether there was a completed contract of insurance between the applicant and the company. By the terms of the application the premiums were to be paid semi-annually, and the contract was not to take effect until the first premium was *507paid. The application recites the payment to the soliciting agent of an amount equal to one-half the annual premium, and acknowledges the delivery to the applicant of a binding receipt therefor, signed by the secretary of the company, and making the insurance in force from the date of the application, provided the…
2Cited by13 opinions
- Fitzgerald v. Metropolitan Life InsuranceSupreme Court of Vermont · 1916
- Travelers Insurance v. JonesCourt of Appeals of Texas · 1903
- New York Life Ins. v. RutherfordCourt of Appeals for the Ninth Circuit · 1922
- Pelaggi Co. v. Orient Ins. Co.Supreme Court of Vermont · 1930
- Hardy v. . Insurance Co.Supreme Court of North Carolina · 1911
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