Druckenmiller v. Prudential Insurance Co. of America
Court of Appeals for the D.C. Circuit
Hearing on an appeal by tbe plaintiff from a judgment, on tbe pleadings and affidavits of tbe parties, in an action to recover premiums paid on policies of insurance.
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Hearing on an appeal by tbe plaintiff from a judgment, on tbe pleadings and affidavits of tbe parties, in an action to recover premiums paid on policies of insurance. The Court in tbe opinion stated the facts as follows: This is an action of assumpsit brought by Mary Druckenmiller against the Prudential Insurance Company of America to recover tbe sum of $446.50, paid by her as premiums on two policies of insurance on tbe life of Elizabeth McGlone, issued February 6, 1885,. and August 7, 1896, respectively, no beneficiary being named in said policies. It was stipulated that tbe cause should be…
1Opinion of the CourtChief Justice Shepard
The plaintiff’s action of assumpsit is founded on the established doctrine that premiums paid in good faith by mistake upon a policy of insurance void ab initio may be recovered. See Hogben v. Metropolitan L. Ins. Co. 69 Conn. 503, 61 Am. St. Rep. 53, 38 Atl. 214; Metropolitan L. Ins. Co. v. Felix, 73 Ohio St. 46, 75 N. E. 941, 4 Ann. Cas. 121; McCann v. Metropolitan L. Ins. Co. 177 Mass. 280, 58 N. E. 1026; Mahoney v. Metropolitan L. Ins. Co. 80 N. J. L. 136, 76 Atl. 458.
*234But a policy is not void because tbe premiums had been paid by someone not the assured or beneficiary, or by one having no…
2Cases cited6 opinions
- Aetna Life Insurance v. MooreSupreme Court of the United States · 1913
- Prudential Ins. Co. of America v. MooreSupreme Court of the United States · 1913
- Hogben v. Metropolitan Life InsuranceSupreme Court of Connecticut · 1897
- Monast v. Manhattan Life Insurance Co.Supreme Court of Rhode Island · 1911
- Mahoney v. Metropolitan Life InsuranceSupreme Court of New Jersey · 1910
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Brown v. Metropolitan Life Ins.Court of Appeals for the D.C. Circuit · 1938