Legal Opinion

Levie v. Metropolitan Life Insurance

Massachusetts Supreme Judicial Court

Decided February 28, 1895PublishedCited by 30 opinions

Contract, upon a policy of insurance for $1,000, issued by the defendant upon the life of John McGearey, and payable to the plaintiff, who was his sister. At the trial in the Superior Court, before Fessenden, J., the defendant asked the judge to rule that, upon the whole evidence, the plaintiff could not recover, and to direct a verdict for the defendant; but the judge refused so to do. The jury returned a verdict for the plaintiff; and the defendant alleged exceptions.

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Contract, upon a policy of insurance for $1,000, issued by the defendant upon the life of John McGearey, and payable to the plaintiff, who was his sister. At the trial in the Superior Court, before Fessenden, J., the defendant asked the judge to rule that, upon the whole evidence, the plaintiff could not recover, and to direct a verdict for the defendant; but the judge refused so to do. The jury returned a verdict for the plaintiff; and the defendant alleged exceptions. The facts sufficiently appear in the opinion. The case was argued at the bar in September, 1894, and after-wards was…

1Opinion of the CourtBarker, J.

The written application for insurance upon which the policy issued was made on June 6, 1892, and the assured died of acute consumption on January 12,1893. The application contained an agreement that its answers and statements should be part of the contract of insurance, and that any false, incorrect, or untrue answer should render the policy void. Assuming that this language gave to each statement of the application the technical character of a warranty, nevertheless our *118statute provision that “ No oral or written misrepresentation made in the negotiation of a contract or policy of insurance…

2Cases cited2 opinions

  1. Ring v. Phœnix Assurance Co.Massachusetts Supreme Judicial Court · 1888
  2. Durkee v. India Mutual InsuranceMassachusetts Supreme Judicial Court · 1893

3Cited by30 opinions

  1. Dolan v. Mutual Reserve Fund Life Ass'nMassachusetts Supreme Judicial Court · 1899
  2. Continental Casualty Co. v. OwenSupreme Court of Oklahoma · 1913
  3. Brown v. Greenfield Life Ass'nMassachusetts Supreme Judicial Court · 1899
  4. Rainger v. Boston Mutual Life Ass'nMassachusetts Supreme Judicial Court · 1896
  5. Schiller v. Metropolitan Life InsuranceMassachusetts Supreme Judicial Court · 1936

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