Cluff v. Mutual Benefit Life Insurance
Massachusetts Supreme Judicial Court
Contract on a policy of insurance made by a mutual insurance company to the plaintiff’s husband, Matthew J. Cluff, on his life, in the sum of $3000, payable to the plaintiff “ within ninety days after due notice and proof of the death of the said Matthew,” and containing a clause declaring the policy void in event that said Matthew “shall die” “in the known violation of any law of these states or of the United States,” “ or of any other country which he may be permitted…
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Contract on a policy of insurance made by a mutual insurance company to the plaintiff’s husband, Matthew J. Cluff, on his life, in the sum of $3000, payable to the plaintiff “ within ninety days after due notice and proof of the death of the said Matthew,” and containing a clause declaring the policy void in event that said Matthew “shall die” “in the known violation of any law of these states or of the United States,” “ or of any other country which he may be permitted under this policy to visit or reside in.” At the third trial in the superior court, before Putnam, J., after the decisions…
1Opinion of the CourtWells, J.
One question in issue at the trial was, whether the plaintiff had, ninety days prior to the institution of the suit, furnished to the defendants sufficient proof of the death of Matthew J. Cluff, whose life was insured, as required by the terms of the policy. To maintain that issue on her part, the plaintiff put in certain affidavits by which that proof had been made, and which were produced in court by the defendants upon notice. The defendants also produced certain extracts from newspapers, and letters between persons not parties to this suit, which had been handed to the officers of the…
2Cited by26 opinions
- Freeman v. Travelers' InsuranceMassachusetts Supreme Judicial Court · 1887
- Barker v. Metropolitan Life InsuranceMassachusetts Supreme Judicial Court · 1908
- Traiser v. Commercial Travellers' Eastern Accident Ass'nMassachusetts Supreme Judicial Court · 1909
- Tuttle v. Travellers' InsuranceMassachusetts Supreme Judicial Court · 1883
- Noyes v. Commercial Travellers' Eastern Accident Ass'nMassachusetts Supreme Judicial Court · 1906
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