Krantz v. John Hancock Mutual Life Insurance

This is an action of contract to recover on two insurance policies issued on the life of the plaintiff’s deceased husband. The plaintiff is the beneficiary under each policy and seeks to recover under double indemnity provisions by reason of the death of the insured by drowning on or about April 22, 1952. The defendant filed a motion for summary judgment under G. L. (Ter. Ed.) c. 231, § 59, as appearing in St. 1955, c. 674, § 1, asserting that the issue of law determinative of the right of the plaintiff to recover was whether the plaintiff had furnished "'due proof’ ... of the death of the…