Dimick v. Metropolitan Life Insurance
Supreme Court of New Jersey
On rule to show cause. The plaintiff declared, as in assumpsit, upon an unsealed policy of insurance issued December 4th, 1899, whereby the defendant agreed to pay $1,000, twenty years after date, to John W. Dimiek, called the insured; and if, prior to that time and while the policy should be in force, he should die, then to pay that sum to Bridget Dimiek, his wife, called the assured, if living; otherwise to the legal representatives of the insured.
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On rule to show cause. The plaintiff declared, as in assumpsit, upon an unsealed policy of insurance issued December 4th, 1899, whereby the defendant agreed to pay $1,000, twenty years after date, to John W. Dimiek, called the insured; and if, prior to that time and while the policy should be in force, he should die, then to pay that sum to Bridget Dimiek, his wife, called the assured, if living; otherwise to the legal representatives of the insured. The death of John W. Dimiek on January 24th, 1900, was alleged, and performance of all conditions precedent was averred. The plea was the…
1Opinion of the Court
The opinion of the court was delivered by
Collins, J.
It appears from the foregoing recitals that this cause was submitted to the jury on the theory that it was necessary, under the pleadings, in order to defeat recovery, that the defendant should establish by a preponderance of evidence, that the alleged misstatements inducing the contract of insurance were fraudulent. One of the reasons assigned for a new trial is that on the question of fraud 'the verdict was against the clear weight of the evidence. ’ This reason has-not been sustained. The only subject as to which a plausible contention of…
2Cases cited5 opinions
- National Bank v. Insurance Co.Supreme Court of the United States · 1878
- Phoenix Life Ins. Co. v. RaddinSupreme Court of the United States · 1887
- Redman v. Ætna InsuranceWisconsin Supreme Court · 1880
- Eddy Street Iron Foundry v. Hampden Stock & Mut. Fire Ins.U.S. Circuit Court for the District of Rhode Island · 1859
- Hecht v. TaubelSupreme Court of New Jersey · 1893
3Cited by2 opinions
- Collins v. Metropolitan Life InsuranceMontana Supreme Court · 1905
- Stratton v. Essex County Park CommissionU.S. Circuit Court for the District of New Jersey · 1908