Legal Opinion

Albro v. Manhattan Life Ins.

U.S. Circuit Court for the District of Massachusetts

Decided December 23, 1902No. 1,247PublishedCited by 8 opinions

At Uaw. Action on life insurance policy. On demurrer to answer.

1Opinion of the Court

PUTNAM, Circuit Judge.

The question now before us arises on the following portion of section 73, c. 522> Acts Mass.- 1894, namely:

“In any claim arising under a policy which has been issued in this commonwealth by any life insurance company, * * * the statements made in the application as to the age, physical condition, and family history of the insured shall be held to be valid and binding upon the company: provided, however, that the company shall not be debarred from proving as a defence to such claim that said statements were wilfully false, fraudulent or misleading: and provided, further,…

2Cases cited3 opinions

  1. Considine v. Metropolitan Life InsuranceMassachusetts Supreme Judicial Court · 1896
  2. Nugent v. Greenfield Life Ass'nMassachusetts Supreme Judicial Court · 1899
  3. Provident Savings Life Assur. Soc. of New York v. HadleyCourt of Appeals for the First Circuit · 1900

3Cited by8 opinions

  1. Pahigian v. Manufacturers' Life InsuranceMassachusetts Supreme Judicial Court · 1965
  2. John Hancock Mutual Life Insurance v. BanerjiMassachusetts Supreme Judicial Court · 2006
  3. Nonantum Inv. Co. v. Maryland Casualty Co.Court of Appeals for the First Circuit · 1932
  4. Haas v. Mutual Life InsuranceNebraska Supreme Court · 1912
  5. Lamson Bros. & Co. v. BaneCourt of Appeals for the Eighth Circuit · 1913

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