United States Life Insurance v. Ludwig
Illinois Supreme Court
Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding. This was an action of assumpsit, by Clara Luclwig, who sues in her own right, and as guardian of Otto Ludwig and Emma Ludwig, minors, against- the United States Life Insurance Company, on four policies of insurance issued by that company to Otto C. Ludwig, insuring his life.
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Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding. This was an action of assumpsit, by Clara Luclwig, who sues in her own right, and as guardian of Otto Ludwig and Emma Ludwig, minors, against- the United States Life Insurance Company, on four policies of insurance issued by that company to Otto C. Ludwig, insuring his life. Each policy recites that “in consideration of the application therefor, signed by the assured hereinafter named, and submitted in writing by or for the…
1Opinion of the CourtJustice Scholfield
A single question arising on this record is presented for our consideration by the arguments of counsel: Are the plaintiffs entitled to prosecute an action at law, in their own names, on these policies ?
Policies of insurance are but choses in action, and governed by the same principles applicable to choses in action in general. They are assignable in equity only, and in this State, and in others where the strict rules of the common law prevail, courts of law will not recognize the assignment so as to allow the assignee to sue on the policy in his own name. New England Fire and Marine Ins. Co.…
2Cases cited2 opinions
- New England Fire & Marine Insurance v. WetmoreIllinois Supreme Court · 1863
- Massachusetts Mutual Life Insurance v. RobinsonIllinois Supreme Court · 1881
3Cited by11 opinions
- Hamilton v. HamiltonSupreme Court of Alabama · 1950
- United States Insurance v. LudwigIllinois Supreme Court · 1884
- Heubner v. Metropolitan Life InsuranceAppellate Court of Illinois · 1909
- McDaniels v. Western & Southern Life InsuranceIllinois Supreme Court · 1928
- Flatonia State Bank v. Southwestern Life InsuranceTexas Supreme Court · 1939
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