Metropolitan Life Insurance v. Fitzgerald
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, Third Division; G. W. Hendricks, Judge; STATEMENT OF FACTS. The appellee brought this action against the appellant to recover on policy of life insurance.
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Appeal from Pulaski Circuit Court, Third Division; G. W. Hendricks, Judge; STATEMENT OF FACTS. The appellee brought this action against the appellant to recover on policy of life insurance. Appellee alleged that in consideration of the sum of forty .cents and in the further payment of ten cents each and every week thereafter during the continuance of the policy that the appellant did issue its policy in the sum of $250 insuring the life of one Louis Fitzgerald; that on the 8th of May, 1917, Louis Fitzgerald died; that proofs of the death were made; that the premiums had been paid; and that…
1Opinion of the Court
WOOD, J.,
(after stating the facts). 1. The appellant contends that the appellee has no capacity to main-
tain this suit, for the reason that the policy provides that the amount due thereunder should be paid to the executor or administrator of the insured, unless payment was made under another provision granting the company the option to pay to certain other designated persons, which option the company had not exercised.
This contention cannot be sustained for the reason that the uncontroverted evidence shows that the appellee was the real party in interest. The insured at the time of his death…
2Cases cited1 opinion
- Dickenson v. Harris & CothamSupreme Court of Arkansas · 1886
3Cited by12 opinions
- American National Insurance v. HaleSupreme Court of Arkansas · 1927
- ÆTNA LIFE INS. CO. v. McADOOCourt of Appeals for the Eighth Circuit · 1939
- Metropolitan Life Insurance v. LaniganSupreme Court of Colorado · 1924
- Gigante v. ÁlvaresSupreme Court of Puerto Rico · 1935
- National Life Insurance Co. of U. S. A. v. JacksonSupreme Court of Arkansas · 1923
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