Kimball v. New York Life Insurance
Supreme Court of Vermont
Action op Contract on a life insurance policy. Heard by the Court at the March Term, 1919, Chittenden County, Fish, J., presiding. Judgment for the plaintiff. , The defendant excepted. The opinion states the case. The plaintiff is not barred from interposing a legal defence by reason of the fact that it first sought a remedy to which it was not entitled.
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Action op Contract on a life insurance policy. Heard by the Court at the March Term, 1919, Chittenden County, Fish, J., presiding. Judgment for the plaintiff. , The defendant excepted. The opinion states the case. The plaintiff is not barred from interposing a legal defence by reason of the fact that it first sought a remedy to which it was not entitled. Dietrich v. Hutchinson, 81 Vt. 168; Priest v. Poster, 69 Vt. 417; Hartland v. Hackett, 57 Vt. 92; Bank v. Taylor, 66 Vt. 574; Johnson v. Worden, 47 Vt. 457; Boot v. Lord, 23 Vt. 568; Cunningham v. Thompson, 111 Mass. 270; Holbrook v. Quinlan,…
1Opinion of the CourtMiles, J.
This action is brought to recover upon an insurance policy. The case was tried by the .court at the March Term of the Chittenden county court, 1919. Upon the trial the defendant admitted the execution of the policy and its delivery, the death of the insured, and that proof of the same was made according to the terms of the policy and the rules and regulations of the company; but objected to the admission of the indorsement upon the policy, which extended the life of the policy beyond the death of the insured. The plaintiff then produced evidence of its execution and the same was received…
2Cases cited3 opinions
- Brown v. MudgettSupreme Court of Vermont · 1868
- Nason v. BlaisdellSupreme Court of Vermont · 1840
- Lockwood v. WhiteSupreme Court of Vermont · 1893
3Cited by5 opinions
- Kimball v. New York Life InsuranceSupreme Court of Vermont · 1924
- Westinghouse Electric Supply Co. v. B. L. Allen, Inc.Supreme Court of Vermont · 1980
- Kimball v. New York Life InsuranceSupreme Court of Vermont · 1922
- Travelers Insurance Company v. BaileySupreme Court of Vermont · 1964
- Schmidt v. Prudential Insurance Co. of AmericaWisconsin Supreme Court · 1940