LaRocca v. John Hancock Mutual Life Insurance

This is an action for moneys had and received in the amount of the premiums paid on a policy of life insurance which has been rescinded by the insurer on account of material misrepresentations by the insured. Plaintiff is the administrator of the estate of the deceased insured. The return of the premiums to the plaintiff administrator is refused by the insurance company upon two grounds, first, that the premiums are payable to the beneficiary named in the policy and not to the insured or his estate, and second, that if the premiums are payable to the administrator, then the insurer is…