Melick v. Metropolitan Life Insurance
Supreme Court of New Jersey
On appeal from ilie District Court. This is an action brought on a lito insurance policy by the beneficiary named therein.
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On appeal from ilie District Court. This is an action brought on a lito insurance policy by the beneficiary named therein. Number of policy, 45295500; date, August 14th, 1911; name of insured, Johanna Essig; name of beneficiary, Annie Melick (sister); weekly premium, twenty cents; amount of insurance, $124. The weekly premium was regularly paid until the death of the insured on May 1st, 1912. The policy contained the following condition “Unless otherwise stated in the blank space below in a waiver signed by the Secretary, this Policy is void if the insured before its date has been rejected…
1Opinion of the Court
The opinion of the court was delivered by
Garrison, J.
The meaning of a written contract is determined by the application of established canons to the language employed by the contracting parties. Where such contracting parties are, on the one hand, an insurance company that has formulated the contract in advance with the business foresight and legal advice at its- command and, on the other, a person who, upon the presentation of such contract to him, must accept or reject it with no other aid than his own limited experience and lack of legal knowledge, a further *439canon is invoked winch is thus…
2Cases cited1 opinion
- Bennett v. St. Paul Fire & Marine InsuranceSupreme Court of New Jersey · 1893
3Cited by6 opinions
- Hicks Ex Rel. Mitchell v. Home Security Life InsuranceSupreme Court of North Carolina · 1946
- Rockmiss v. N.J. Mfrs., C., Co.Supreme Court of New Jersey · 1934
- Cole v. Atlanta Life Ins. Co.Court of Appeals of Tennessee · 1939
- Kizer v. Life & Casualty Ins.Tennessee Supreme Court · 1936
- Mims v. Houston Fire & Casualty Insurance CompanyCourt of Appeals of Texas · 1962
1 more not listed; retrieve them via the Exa API.