Kilgore v. Loyal Protective Ass'n
Supreme Court of New Hampshire
Assumpsit, upon a policy of insurance. Trial by jury and verdict for the plaintiff. At the close of the plaintiff’s evidence the defendant moved for a nonsuit; the motion was denied and the defendant excepted. The plaintiff’s evidence tended to prove the following facts. On July 22, 1904, Ernest D. Kilgore applied for membership in the defendant association, a fraternal organization whose object was to protect its members by insurance.
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Assumpsit, upon a policy of insurance. Trial by jury and verdict for the plaintiff. At the close of the plaintiff’s evidence the defendant moved for a nonsuit; the motion was denied and the defendant excepted. The plaintiff’s evidence tended to prove the following facts. On July 22, 1904, Ernest D. Kilgore applied for membership in the defendant association, a fraternal organization whose object was to protect its members by insurance. On July 28, 1904, a policy of insurance was issued to Kilgore, “upon the conditions precedent that” he “shall pay on the first business day of March, June,…
1Opinion of the CourtWalker, J.
The defendant and the insured undertook by their negotiations in February, 1914, to terminate the policy and to adjust and settle the defendant’s liability thereunder. The cancellation of the policy resulted from the contract of settlement, and not from the exercise by the defendant of its reserved right, evidenced by the policy, to terminate its liability at any time except when the insured is suffering from a disability entitling him to indemnity. The settlement was in form at least a termination of the contract. If the insured had been in a normal condition, as the defendant was justified…
2Cases cited4 opinions
- Johnson v. Maryland Casualty Co.Supreme Court of New Hampshire · 1905
- Hall v. ButterfieldSupreme Court of New Hampshire · 1879
- Seely v. Manhattan Life InsuranceSupreme Court of New Hampshire · 1903
- Tasker v. Insurance Co.Supreme Court of New Hampshire · 1879
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