Gallant v. Metropolitan Life Insurance
Massachusetts Supreme Judicial Court
Contract, upon a policy of insurance issued by the defendant on the life of Adaline Morelle, and payable to the plaintiff. Trial in the Superior Court, before Sheldon, J., who found for the defendant on the ground that the insured was not in sound health when the policy was issued, as required by its terms; and the plaintiff alleged exceptions.
1Opinion of the CourtField, C. J.
The policy, which is dated February 11, 1895, contained a proviso as follows: “ Provided, however, that no obligation is assumed by this company prior to the date hereof, nor unless on said date the insured is alive and in sound health.” An examining physician employed by the defendant company examined the insured on January 30, 1895, and on the 4th of the next February returned to the company a certificate that he found the insured to be in sound health. The defendant, against the objection of the plaintiff, was permitted to introduce the testimony of one Dr. Booth, to the effect “ that he…
2Cases cited1 opinion
- McCoy v. Metropolitan Life InsuranceMassachusetts Supreme Judicial Court · 1882
3Cited by28 opinions
- Dibble v. Reliance Life InsuranceCalifornia Supreme Court · 1915
- Wright v. Federal Life Ins.Texas Commission of Appeals · 1923
- Barker v. Metropolitan Life InsuranceMassachusetts Supreme Judicial Court · 1905
- Schiller v. Metropolitan Life InsuranceMassachusetts Supreme Judicial Court · 1936
- Lee v. Prudential Life InsuranceMassachusetts Supreme Judicial Court · 1909
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