Hyfer v. Metropolitan Life Insurance

This action of contract by the beneficiary of a life insurance policy is reported without decision upon a case stated. G. L. (Ter. Ed.) c. 231, § 111. On December 26, 1940, Irving Hyfer, a resident of Chelsea, applied to the defendant in New York for “a $10,000 Whole Life” policy of insurance, the beneficiary of which was his mother, with whom he lived. The application contained the following: “The Company shall incur no liability under this application until it has been received, approved, and a policy issued and delivered, and the full first premium specified in the policy has actually been…