Richards v. Maine Benefit Ass'n
Supreme Judicial Court of Maine
On motion and exceptions. This was action of debt on a policy, or certificate, issued by the defendant on the life of one Albert B. Elwell after whose death by suicide, the defendant contended, first, that the certificate was void by the assured’s misstatement in his application that he was a widower when in fact he was unmarried but had been divorced; second, that he had forfeited his membership by intentional non-payment of overdue assessments ; and third, by procuring a…
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On motion and exceptions. This was action of debt on a policy, or certificate, issued by the defendant on the life of one Albert B. Elwell after whose death by suicide, the defendant contended, first, that the certificate was void by the assured’s misstatement in his application that he was a widower when in fact he was unmarried but had been divorced; second, that he had forfeited his membership by intentional non-payment of overdue assessments ; and third, by procuring a re-instatement by fraud. The case appears in the opinion. Applicant’s answers not warranties. "Untrue ” limited in its…
1Opinion of the CourtVirgin, J.
Assuming without deciding that, to the question in the application,— "are you married, single, widower or widow?” the applicant’s answer, "widower” to have been substantially true, although the bonds of matrimony between him and his wife had been severed by a divorce a vinculo and not by death, and that, therefore, he was, on the date of his certificate, a legal member of the defendant association, we turn attention to the questions — whether he forfeited his membership and the benefits derivable from it, and was subsequently restored and re-instated.
The application and certificate…
2Cases cited3 opinions
- De Meli v. . De MeliNew York Court of Appeals · 1890
- Crossman v. Massachusetts Benefit Ass'nMassachusetts Supreme Judicial Court · 1887
- Clapp v. Massachusetts Benefit Ass'nMassachusetts Supreme Judicial Court · 1888
3Cited by3 opinions
- Van Dahl v. Sovereign Camp, Woodmen of the WorldNebraska Supreme Court · 1936
- Supreme Lodge of Fraternal Brotherhood v. GrijalvaArizona Supreme Court · 1925
- Wolski v. National Life & Accident InsuranceNebraska Supreme Court · 1939