Van Houten v. Metropolitan Life Insurance
Michigan Supreme Court
Error to Kent; Grove, J. Assumpsit by Anna Van Houten, administratrix of the estate of Adrian Van Houten, deceased, against the Metropolitan Life Insurance Company, upon a policy of insurance. From a judgment for plaintiff, defendant brings error. The life of plaintiff’s husband was insured with the defendant. Upon his death payment was refused, and plaintiff brought this suit, in which she recovered verdict and judgment.
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Error to Kent; Grove, J. Assumpsit by Anna Van Houten, administratrix of the estate of Adrian Van Houten, deceased, against the Metropolitan Life Insurance Company, upon a policy of insurance. From a judgment for plaintiff, defendant brings error. The life of plaintiff’s husband was insured with the defendant. Upon his death payment was refused, and plaintiff brought this suit, in which she recovered verdict and judgment. The defendant gave notice, with its plea, that the policy of insurance was issued upon a written application signed by the deceased, in which it was agreed that the policy…
1Opinion of the CourtGrant, J.
(after stating the facts). Counsel for plaintiff contend that this case is ruled by Temmink v. Insurance Co., 72 Mich. 388. Counsel for the defendant contend that the assured is presumed to have read what he signed, and that there was no evidence that he did not read it, and did not know the contents of the application; that he had an opportunity to read it, and, if he chose not to do so, he must be held responsible for any false representations therein contained, — and cite Cleaver v. Insurance Co., 65 Mich. 527 (8 Am. St. Rep. 908), 71 Mich. 414 (15 Am. St. Rep. 275). The only difference…
2Cases cited3 opinions
- Cleaver v. Traders' InsuranceMichigan Supreme Court · 1887
- Cleaver v. Traders' InsuranceMichigan Supreme Court · 1888
- Temmink v. Metropolitan Life InsuranceMichigan Supreme Court · 1888
3Cited by14 opinions
- Moore v. FragatosMichigan Court of Appeals · 1982
- North River Insurance v. LewisSupreme Court of Virginia · 1923
- Turner v. Mutual Benefit Health & Accident Ass'nMichigan Supreme Court · 1946
- Haapa v. Metropolitan Life-InsuranceMichigan Supreme Court · 1907
- Maier v. Fidelity Mut. Life Ass'nCourt of Appeals for the Sixth Circuit · 1897
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