Maine Benefit Ass'n v. Parks
Supreme Judicial Court of Maine
On report, on bill in equity to annul a policy of life insurance issued April 30, 1887, upon tbe life of Alice J. Parks whose beneficiary was the defendant, and to whom it was made payable. She died July 21, 1887. Issues of fact were framed by the court and tried to a jury, who rendered a verdict for the defendant. The issues of fact were, first, was Alice J. Parks on April 30, 1887, of good health; second, had she usually been of good health prior to that date. Answer, yes.
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On report, on bill in equity to annul a policy of life insurance issued April 30, 1887, upon tbe life of Alice J. Parks whose beneficiary was the defendant, and to whom it was made payable. She died July 21, 1887. Issues of fact were framed by the court and tried to a jury, who rendered a verdict for the defendant. The issues of fact were, first, was Alice J. Parks on April 30, 1887, of good health; second, had she usually been of good health prior to that date. Answer, yes. After the verdict the plaintiff filed a motion to set the verdict aside, and that the bill be sustained notwithstanding…
1Opinion of the Court
Peters, O. J.
The complainants, by this bill, seek to have cancelled a life insurance policy, issued by them to Alice J. Parks *82for the benefit of her husband. It is claimed that the policy was wrongfully obtained, or improvidently issued. She has died since this proceeding was instituted. The policy being for the benefit of the husband, the bill may be continued against him as her survivor.
The ground upon which the bill seeks a cancellation of the policy is, that she falsely stated in her application that she was at that date in good health, and that she had usually had good health. She…
2Cases cited1 opinion
- Campbell v. New England Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1867
3Cited by8 opinions
- Fitzgerald v. Metropolitan Life InsuranceSupreme Court of Vermont · 1916
- Riggs v. Union Life Ins.Court of Appeals for the Eighth Circuit · 1904
- Northwestern Mutual Life Insurance v. WoodsSupreme Court of Kansas · 1895
- Burr v. Policy Holders Life Ins. Assn.California Court of Appeal · 1933
- Woodmen of the World Life Ins. Soc. v. JohnsonMississippi Supreme Court · 1944
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