Berman v. Fraternities Health & Accident Ass'n
Supreme Judicial Court of Maine
On exceptions by plaintiff. Action of assumpsit brought to recover the sum of $167 as sick benefits under a policy of insurance issued to the plaintiff by the defendant.
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On exceptions by plaintiff. Action of assumpsit brought to recover the sum of $167 as sick benefits under a policy of insurance issued to the plaintiff by the defendant. Plea, the general issue with brief statement as follows: "That by the terms of the contract in suit, if any of the statements, representations or answers made in the application for said contract were not true, full and complete, all rights to benefits thereunder were null and void ; and the defendant says that the answers to the first, second, third, fourth, eighth and ninth questions contained in the application for said…
1Opinion of the CourtKing, J.
Action to recover sick benefits under a policy of health and accident insurance. At the close of the evidence the presiding Justice directed a verdict for the defendant.
In the plaintiff’s application for the policy made January 13, 1908, it was stipulated "That if any of the statements, representations, or answers made herein are not true, full and complete, all rights to the benefits named in my policy shall be null and void, and all money paid by me to the Association forfeited.” In the policy of insurance it is stipulated that it is issued "In consideration of the payment of the…
2Cases cited1 opinion
- Preuster v. Supreme Council of Order of Chosen FriendsNew York Court of Appeals · 1892
3Cited by15 opinions
- Plumer v. Continental Casualty Co.Court of Appeals of Georgia · 1913
- American Home Assurance Co. v. IngeneriSupreme Judicial Court of Maine · 1984
- Malloy v. New York Life Ins. Co.Court of Appeals for the First Circuit · 1939
- Vratsinas Construction Co. v. Triad Drywall, LLCCourt of Appeals of Georgia · 2013
- Stapleton v. DismukesCourt of Appeals of Georgia · 1931
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