Murphy v. John Hancock Mutual Life Insurance

PEARSON, Judge.

The appellant, plaintiff below, seeks reversal of a summary final judgment for the defendant insurance company. The appellant had prayed the court to order the appellee to issue a health and accident insurance policy and to determine the benefits he was entitled to under the policy. He claimed that an oral assurance by the soliciting agent for the appellee that he was insured and the acceptance by the agent of his check in payment of the premium on the policy bound the appellee company.

The application which appellant signed at the culmination of the alleged conversation…