Rudolph v. John Hancock Mutual Life Insurance

I am unable to agree with the conclusion reached in the prevailing opinion.

The policy provides: “ Proof of claim. In case of death of the Insured, proofs of claim shall be made on blanks to be provided by the Company and shall contain full answers of the claimant, physicians and other persons to all the questions asked therein and shall conform to all the requirements thereof.”

That clause distinguishes this case from all those cited in Judge O’Brien’s opinion to the effect that a doctor’s affidavit served upon an insurance company as a part of the proofs of death constitutes an admission…