McCoy v. Metropolitan Life Insurance
Massachusetts Supreme Judicial Court
Contract on a policy of insurance on the life of Ellen McCoy payable to the plaintiff, with a count for money had and received by the defendant to the plaintiff’s use.
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Contract on a policy of insurance on the life of Ellen McCoy payable to the plaintiff, with a count for money had and received by the defendant to the plaintiff’s use. Trial in the Superior Court, before Knowlton, J., who allowed a bill of exceptions, in substance as follows: The policy in question was dated July 5, 1880, and was issued upon an application, purporting to be signed by Ellen McCoy, which provided that “ the undersigned hereby declares and warrants that the representations and answers made below, and in the examination on the other side, are strictly correct and wholly true;…
1Opinion of the CourtField, J.
The plaintiff contends that Watson was the agent of the company, and that the case is to be governed by Insurance Co. v. Wilkinson, 13 Wall. 222, and Insurance Co. v. Mahone, 21 Wall. 152, and other similar cases. But the doctrine of these cases has never been adopted by this court. The exceptions find that Watson “was employed by the defendant to solicit insurance on its behalf, and receive and forward applications therefor.”
In an action at law in this Commonwealth on such a policy, to recover the amount of the insurance, the application is considered as a part of the contract, and if in…
2Cases cited4 opinions
- Insurance Co. v. WilkinsonSupreme Court of the United States · 1872
- Campbell v. New England Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1867
- Insurance Company v. MahoneSupreme Court of the United States · 1875
- Markey v. Mutual Benefit Life InsuranceMassachusetts Supreme Judicial Court · 1869
3Cited by20 opinions
- Bates v. SouthgateMassachusetts Supreme Judicial Court · 1941
- Cobb v. Covenant Mutual Benefit Ass'nMassachusetts Supreme Judicial Court · 1891
- Iverson v. Metropolitan Life Etc. Co.California Supreme Court · 1907
- Colonial Development Corp. v. BragdonMassachusetts Supreme Judicial Court · 1914
- Nelson v. Nederland Life InsuranceSupreme Court of Iowa · 1900
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