Legal Opinion
Fondi v. Boston Mutual Life Insurance
Massachusetts Supreme Judicial Court
Decided May 15, 1916PublishedCited by 28 opinions
1Opinion of the CourtRugg, C. J.
This is an action of contract whereby the plaintiff seeks to recover on two policies of insurance on the life of Edwardo Gontestabile. Each policy contained among other condi*7tians the following: “Conditions. Provided, however, that no obligation is assumed by said Company prior to the date hereof, norunless on said date the insured is alive, in sound health. . . .” There was evidence tending to show that on the date of each policy the insured was not in sound health, but was suffering from tuberculosis. In this state of the evidence the jury were instructed that “The burden of proof in this…
2Cases cited13 opinions
- Randall v. Peerless Motor Car Co.Massachusetts Supreme Judicial Court · 1912
- Everson v. General Accident, Fire & Life Assurance Corp.Massachusetts Supreme Judicial Court · 1909
- Commonwealth v. BoraskyMassachusetts Supreme Judicial Court · 1913
- Barker v. Metropolitan Life InsuranceMassachusetts Supreme Judicial Court · 1905
- Lee v. Prudential Life InsuranceMassachusetts Supreme Judicial Court · 1909
8 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Commonwealth v. SlavskiMassachusetts Supreme Judicial Court · 1923
- New England Box Co. v. C & R Construction Co.Massachusetts Supreme Judicial Court · 1943
- Ballard v. Globe & Rutgers Fire InsuranceMassachusetts Supreme Judicial Court · 1921
- Greenbaum v. Columbian Nat. Life Ins. Co. of BostonCourt of Appeals for the Second Circuit · 1932
- Newell v. RosenbergMassachusetts Supreme Judicial Court · 1931
23 more not listed; retrieve them via the Exa API.