Metropolitan Life Insurance v. Monohan
Court of Appeals of Kentucky
Case 3 — PETITION ORDINARY APPEAL FROM CAMPBELL CIRCUIT COURT. 1. The evidence shows where most of the money paid by the wife as premiums on the policy came from, and the evidence of ap-pellee fails to show that any part of it was his money. I. The appellee was never examined by a physician of the company and his life was insured without his knowledge or consent, and the policy was absolutely void.
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Case 3 — PETITION ORDINARY APPEAL FROM CAMPBELL CIRCUIT COURT. 1. The evidence shows where most of the money paid by the wife as premiums on the policy came from, and the evidence of ap-pellee fails to show that any part of it was his money. I. The appellee was never examined by a physician of the company and his life was insured without his knowledge or consent, and the policy was absolutely void. Under such circumstances the premiums paid by the wife was his money, which he may recover from the company.
1Opinion of the Court
JUDGE PAYNTER
delivered the opinion op the court.
The appellee, Michael Monohan, sought to recover of the appellant, Metropolitan Life Insurance Co., $144.70, which he alleged had been paid by his wife in premiums on a certain policy which had been issued by the company on his life for the benefit of his wife. He contends that the policy was issued without his knowledge or consent; that the premiums were paid without his knowledge or consent; that he never made application for such policy of insurance; that he was never examined by any physician with a view of making such application. He…
2Cited by7 opinions
- Ramey v. Carolina Life InsuranceSupreme Court of South Carolina · 1964
- Interstate Life & Accident Co. v. CookCourt of Appeals of Tennessee · 1935
- Griffin's Admr. v. Equitable Assurance SocietyCourt of Appeals of Kentucky · 1905
- Moseley v. American National Ins. Co.Supreme Court of South Carolina · 1932
- Branson v. National Life & Accident Ins.Court of Appeals of Tennessee · 1927
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