Marston v. Kennebec Mutual Life Insurance
Supreme Judicial Court of Maine
On Report. The case appears in the opinion. Prior rejection: The clauses of R. S., c. 49, § 90, relied on by-defendant, relate to fire and not life insurance, as shown by the context of the entire section. The words “risks,” “omission” and “ misdescription ” are applicable only to fire insurance. It is not possible to include within the word “misdescription” a false statement.
Read the full summary
On Report. The case appears in the opinion. Prior rejection: The clauses of R. S., c. 49, § 90, relied on by-defendant, relate to fire and not life insurance, as shown by the context of the entire section. The words “risks,” “omission” and “ misdescription ” are applicable only to fire insurance. It is not possible to include within the word “misdescription” a false statement. It would be an ingenious perversion of language that would permit a negative, which is the full response to its correlative affirmative, to be euphoniously called a “misdescription.” Nor is the preceding sentence: “The…
1Opinion of the CourtFoster, J.
This case comes up on report. It is a suit upon a policy of life insurance to recover $5000, brought by the executrix of the last will of Daniel E. Marston, who entered into a contract of insurance with the defendant company. The contract is evidenced by two written instruments — the application, signed by the deceased, and the policy signed by the officers of the company. The application contained various questions to be answered by the applicant, and certain statements, all of which were therein declared to from the basis of the contract, and at the close were the following certificates…
2Cases cited18 opinions
- Insurance Co. v. WilkinsonSupreme Court of the United States · 1872
- New York Life Insurance v. FletcherSupreme Court of the United States · 1886
- Phoenix Life Ins. Co. v. RaddinSupreme Court of the United States · 1887
- Rowley v. . the Empire Insurance Co.New York Court of Appeals · 1867
- Continental Life Insurance v. ChamberlainSupreme Court of the United States · 1889
13 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Biermann v. Guaranty Mutual Life InsuranceSupreme Court of Iowa · 1909
- Connecticut Fire Ins. v. BuchananCourt of Appeals for the Eighth Circuit · 1905
- Nelson v. Leo's Auto Sales, Inc.Supreme Judicial Court of Maine · 1962
- Rust v. Metropolitan Life InsuranceSuperior Court of Delaware · 1934
- Delahanty v. Chicoine Motor Sales, Inc.Supreme Judicial Court of Maine · 1956
2 more not listed; retrieve them via the Exa API.