Johnson v. Maine & New Brunswick Insurance
Supreme Judicial Court of Maine
On report. This was an action brought by the plaintiff, as one of the beneficiaries named in a certificate or policy of life insurance issued by the defendants, to recover the money payable to him after the death of the insured, who was his half-brother. Plea was the general issue with brief statement alleging fraud and a breach of warranty by the insured in his application. The case is stated in the opinion.
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On report. This was an action brought by the plaintiff, as one of the beneficiaries named in a certificate or policy of life insurance issued by the defendants, to recover the money payable to him after the death of the insured, who was his half-brother. Plea was the general issue with brief statement alleging fraud and a breach of warranty by the insured in his application. The case is stated in the opinion. Counsel argued that the answer, in the application complained of, was the truth, weak-mindedness not being insanity. Applicant answered honestly, according to his understanding of the…
1Opinion of the CourtEmery, J.
On report. The material facts established by the admissions and evidence are these : — James H. Smith and the Maine and New Brunswick Insurance Company made a contract of insurance upon the life of Smith by the company, partly payable upon Smith’s death to the plaintiff, his half-brother. This contract was evidenced by two written instruments,— one, called the " application,” signed by Smith, the other, called the "policy,”signed by the proper officers of the company. All the terms and conditions of the contract were embraced in those two writings.
The application contained various statements,…
2Cases cited4 opinions
- Moulor v. American Life InsuranceSupreme Court of the United States · 1884
- Jeffries v. Life InsuranceSupreme Court of the United States · 1875
- Aetna Life Ins. Co. v. FranceSupreme Court of the United States · 1876
- Insurance Co. v. GridleySupreme Court of the United States · 1880
3Cited by15 opinions
- Travis v. ZiterSupreme Court of Alabama · 1996
- Claim of Hurd v. County of AlleganyAppellate Division of the Supreme Court of the State of New York · 1972
- American Home Assurance Co. v. IngeneriSupreme Judicial Court of Maine · 1984
- Conger v. City of New OrleansSupreme Court of Louisiana · 1880
- Southern Insurance v. WhiteSupreme Court of Arkansas · 1893
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