Fitzpatrick v. Hartford Life & Annuity Insurance
Supreme Court of Connecticut
Action upon two certificates of insurance upon the life of Alice Galliger, held by the plaintiff as assignee; brought to the Superior Court in Hartford County, and tried to the jury before Torrance, J. The certificates were for $1,000 each, were dated July 16th, 1881, and were issued upon an application of the insured in which, in reply to the inquiry, “Are you marrried or single ? ” she answered, “ A widow.”
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Action upon two certificates of insurance upon the life of Alice Galliger, held by the plaintiff as assignee; brought to the Superior Court in Hartford County, and tried to the jury before Torrance, J. The certificates were for $1,000 each, were dated July 16th, 1881, and were issued upon an application of the insured in which, in reply to the inquiry, “Are you marrried or single ? ” she answered, “ A widow.” The certificate contained the following provision: “ The application on the faith of which this certificate issues is hereby referred to and made a part of this contract.” The…
1Opinion of the CourtPardee, J.
For the purposes of this case it may be said that on July 16th, 1881, the defendant issued a policy of insurance upon the life of Alice Galliger for the sum of $2,000. In her application, which by agreement was made a part of the contract, she stated that she was a widow, when in fact she had a husband, but during several years had lived apart from him. On January 8th, 1884, she assigned her interest in the contract of insurance to Mary E. Fitzpatrick, the plaintiff, a distant relative, in consideration of the promise of the latter, made with the consent of her husband, to give the insured a…
2Cases cited9 opinions
- New York Mutual Life Insurance v. ArmstrongSupreme Court of the United States · 1886
- Warnock v. DavisSupreme Court of the United States · 1882
- Connecticut Mutual Life Insurance v. SchaeferSupreme Court of the United States · 1877
- Aetna Life Ins. Co. v. FranceSupreme Court of the United States · 1877
- Mutual Life Insurance v. AllenMassachusetts Supreme Judicial Court · 1884
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3Cited by15 opinions
- Clement v. Insurance Co.Tennessee Supreme Court · 1898
- Hennessy v. Metropolitan Life InsuranceSupreme Court of Connecticut · 1902
- Rylander v. AllenSupreme Court of Georgia · 1906
- Steinback v. . DiepenbrockNew York Court of Appeals · 1899
- Gordon v. Ware Nat. BankCourt of Appeals for the Eighth Circuit · 1904
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