Ferguson v. Phoenix Mutual Life Insurance
Supreme Court of Vermont
General Assumpsit on a life insurance policy. Plea, the general issue. Trial by court at the September Term, 1910, Chittenden County, Waterman, J., presiding. It was held that W. Clark Bishop by his execution of the release hereinafter mentioned, discharged his rights under the policy, and judgment was entered for the other two plaintiffs for $13,333.33. The defendant excepted.
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General Assumpsit on a life insurance policy. Plea, the general issue. Trial by court at the September Term, 1910, Chittenden County, Waterman, J., presiding. It was held that W. Clark Bishop by his execution of the release hereinafter mentioned, discharged his rights under the policy, and judgment was entered for the other two plaintiffs for $13,333.33. The defendant excepted. This is an action of general assumpsit by plaintiffs as the beneficiaries named in a policy of insurance issued by defendant November 13, 1871, on the life of Daniel B. Bishop, plaintiffs’ father. By the terms of the…
1Opinion of the CourtWatson, J.
There is nothing to take this case out of the general rule laid down in Atkins v. Atkins, 70 Vt. 565, 41 Atl. 503, “That a policy of life insurance, and the money to become due under it, belong, from the time it is issued, to the person or persons named in it as the beneficiary or beneficiaries, and that there is no power in the person procuring the insurance by any act of his, by deed or will, to transfer to any other person the interest of the person named, nor to modify and limit such interest. An irrevocable trust is created”. The Court there further said: “Rhe person who procures…
2Cases cited13 opinions
- Bicker v. Charter Oak Life InsuranceSupreme Court of Minnesota · 1880
- Chapin v. FellowesSupreme Court of Connecticut · 1869
- Fonda v. Van HorneNew York Supreme Court · 1836
- Harley v. HeistIndiana Supreme Court · 1882
- White v. LangdonSupreme Court of Vermont · 1858
8 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Spaulding v. Mutual Life InsuranceSupreme Court of Vermont · 1920
- Modern Woodmen of America v. HeadleSupreme Court of Vermont · 1914
- Roberts v. Northwestern National Life InsuranceSupreme Court of Georgia · 1915
- Vermont Marble Co. v. MeadSupreme Court of Vermont · 1911
- Howe v. Central Vermont Railway Co.Supreme Court of Vermont · 1917
6 more not listed; retrieve them via the Exa API.