Gorham v. Peerless Life Insurance

Kavanagh, J., Defendant insurance company appeals from a decree of the circuit court of' Midland county, in chancery, reforming and changing the effective date of a hospital and. accident, policy and decreeing defendant insurance company legally liable under the policy terms to pay the amount of $2,500 to the beneficiary.

Defendant contends:

1. That the trial court erred in finding that a contract of insurance existed between defendant and plaintiff’s decedent before his death.

2. That a court of equity, in the absence of fraud or mistake, cannot create a contract where none existed.

3. That the…