Legal Opinion · Dissent

Fidelity Mutual Life Ass'n v. Mettler

Supreme Court of the United States

Decided May 5, 1902No. 165Published

ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF "TEXAS. Tills was an action brought by Jennie M. Mettler in the District Court of Dallas County, Texas,. December 2, 1897, and removed to the Circuit Court of the United States for the Northern District of Texas, against the Fidelity Mutual Life Insurance Association of Philadelphia,-, to recoyer on three policies of insurance upon the life of one William A. Hunter, payable to his widowed sister,…

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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF "TEXAS. Tills was an action brought by Jennie M. Mettler in the District Court of Dallas County, Texas,. December 2, 1897, and removed to the Circuit Court of the United States for the Northern District of Texas, against the Fidelity Mutual Life Insurance Association of Philadelphia,-, to recoyer on three policies of insurance upon the life of one William A. Hunter, payable to his widowed sister, Jennie M. Mettler, each stipulating for the payment of $5000 in case of Hunter’s death. The policies were dated in…

1Dissent

*328Mr. Justice Harlan

(with whom concurred Mr. Justice Brown) dissenting.

I cannot assent to that part of the opinion of the court relating to the constitutionality of the statute of Texas of 1895 which provides that a life or health insurance company, failing to pay a loss within the time specified in the policy, after demand therefor, shall be liable, in addition to the amount of the loss, to pay the holder of the policy “ twelve per cent damages on the amount of such loss, together with all reasonable attorney’s fees for the prosecution and collection of such loss.”

The operation of the statute…

2Cases cited9 opinions

  1. Gulf, Colorado & Santa Fé Railway Co. v. EllisSupreme Court of the United States · 1897
  2. Home Ins. Co. v. MorseSupreme Court of the United States · 1874
  3. Nicol v. AmesSupreme Court of the United States · 1899
  4. W. W. Cargill Co. v. MinnesotaSupreme Court of the United States · 1901
  5. St. Louis, Iron Mountain & St. Paul Railway Co. v. PaulSupreme Court of the United States · 1899

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