Legal Opinion
Rapp v. Lester L. Burdick, Inc.
Massachusetts Supreme Judicial Court
Decided December 4, 1957PublishedCited by 23 opinions
1Opinion of the CourtWhittemobe, J.
This is an action in contract or tort, tried to a judge without a jury, to recover the face amount of an accident and health insurance policy. The action is brought by the administrator de bonis non of the estate of the named insured and by the chief beneficiary named in the policy. The defendants are the alleged insurer and its general agent in Boston.
The declaration states a count in contract against the agent for breach of an agreement to act promptly to cause the issuance of the policy and a count in tort for negligent failure to do so. There are like counts against the company. The fifth…
2Cases cited24 opinions
- National Union Fire Insurance v. WanbergSupreme Court of the United States · 1922
- Brodeur v. SeymourMassachusetts Supreme Judicial Court · 1944
- Cass v. LordMassachusetts Supreme Judicial Court · 1920
- Swentusky v. Prudential Insurance Co. of AmericaSupreme Court of Connecticut · 1933
- Zayc v. John Hancock Mutual Life InsuranceSupreme Court of Pennsylvania · 1940
19 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- AGA Fishing Group Ltd. v. Brown & Brown, Inc.Court of Appeals for the First Circuit · 2008
- Schwartz v. Travelers Indemnity Co.Massachusetts Appeals Court · 2001
- McCue v. Prudential Insurance Co. of AmericaMassachusetts Supreme Judicial Court · 1976
- Szymanski v. Boston Mutual Life InsuranceMassachusetts Appeals Court · 2002
- Cunningham v. BrownCourt of Appeals of North Carolina · 1981
18 more not listed; retrieve them via the Exa API.