Legal Opinion

Eureka Life Insurance v. Hawkins

Court of Appeals for the D.C. Circuit

Decided December 2, 1912No. 2411PublishedCited by 3 opinions

Hearing on appeal by the defendant from a judgment of the Supreme Court of the District of Columbia upon verdict in an action to recover the amount due under a life insurance policy.

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Hearing on appeal by the defendant from a judgment of the Supreme Court of the District of Columbia upon verdict in an action to recover the amount due under a life insurance policy. The Court in the opinion stated the facts as follows: Appeal from a judgment in the supreme court of the District upon a directed verdict for the plaintiff, Susan Hawkins, in an action for the recovery of $96 under a policy of insurance on the life of Scott Hawkins, the plaintiff, appellee here, being the beneficiary. The policy was issued by the defendant, Eureka Life Insurance Company of Baltimore, Maryland, a…

1Opinion of the Court

Mr. Justice jRobb

delivered the opinion of the Court:

Courts of justice do not look with favor upon forfeitures, which are the result of technical provisions in contracts of insurance. Hartford Life Annuity Ins. Co. v. Unsell, 144 U. S. 439, 36 L. ed. 496, 12 Sup. Ct. Rep. 671; National Benefit Asso. v. Elzie, 35 App. D. C. 294. Especially is this true where there is involved a so-called industrial insurance policy, like the one here in issue; since policy holders of this kind are frequently illiterate and generally little versed in business matters, hence more likely to be guided by the…

2Cases cited2 opinions

  1. Hartford Life Annuity Insurance v. UnsellSupreme Court of the United States · 1892
  2. Baltimore Life Insurance v. HowardCourt of Appeals of Maryland · 1902

3Cited by3 opinions

  1. Carter v. Provident Ins.Court of Appeals for the D.C. Circuit · 1941
  2. Provident Life Ins. Co. v. GrantDistrict of Columbia Court of Appeals · 1943
  3. Peoples Life Ins. v. GoffsDistrict of Columbia Court of Appeals · 1943

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