Hogan v. Metropolitan Life Insurance
Massachusetts Supreme Judicial Court
Contract, upon a policy of insurance for $150, issued by the defendant on July 11, 1892, upon the life of David W. Hogan, the plaintiff’s intestate. At the trial in the Superior Court, before Hopkins, J., the jury returned a verdict for the plaintiff; and the defendant alleged exceptions to the admission of certain evidence, the nature of which appears in the opinion.
1Opinion of the CourtKnowlton, J.
The defendant set up in its answer that the assured in his application, which was a part of the contract of insurance, in reply to the question, “ Has the life proposed now or ever had disease of the kidneys ? ” answered, “ No,” and that this answer was guaranteed by the assured to be true, when in fact it was false. Upon the issue thus presented, the plaintiff introduced the testimony of witnesses tending to show that the answer was true. The defendant objected, and excepted to the introduction of the testimony, on the ground that in the proofs of death furnished in accordance with the…
2Cases cited11 opinions
- McMaster v. . Pres., Etc., Ins. Co. of N. Am.New York Court of Appeals · 1873
- Insurance Co. v. RodelSupreme Court of the United States · 1877
- Little v. Phœnix InsuranceMassachusetts Supreme Judicial Court · 1877
- White v. Provident Savings Life Assurance SocietyMassachusetts Supreme Judicial Court · 1895
- Levie v. Metropolitan Life InsuranceMassachusetts Supreme Judicial Court · 1895
6 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Continental Fire Insurance v. WhitakerTennessee Supreme Court · 1903
- Dolan v. Mutual Reserve Fund Life Ass'nMassachusetts Supreme Judicial Court · 1899
- Independent Life Ins. Co. v. ButlerSupreme Court of Alabama · 1930
- Schiller v. Metropolitan Life InsuranceMassachusetts Supreme Judicial Court · 1936
- Kidder v. Supreme Commandery United Order of the Golden CrossMassachusetts Supreme Judicial Court · 1906
16 more not listed; retrieve them via the Exa API.