Packard v. Metropolitan Life Insurance
Supreme Court of New Hampshire
Assumpsit, upon a policy of life insurance, dated September 17, 1900. Trial at the April term, 1902, of the superior court before Peaslee, J., wlio found a verdict for the defendants, subject to the plaintiff’s exception. The insured was the ten-year-old son of the plaintiff. The application for the insurance was made by the plaintiff on September 5, and the boy was examined by the defendants’ physician the next day and was reported by him to be in good health.
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Assumpsit, upon a policy of life insurance, dated September 17, 1900. Trial at the April term, 1902, of the superior court before Peaslee, J., wlio found a verdict for the defendants, subject to the plaintiff’s exception. The insured was the ten-year-old son of the plaintiff. The application for the insurance was made by the plaintiff on September 5, and the boy was examined by the defendants’ physician the next day and was reported by him to be in good health. Thereafter, and before the policy was delivered, the boy fell sick of a disease of the heart, from which he died March 8, 1901.…
1Opinion of the CourtChase, J.
The parties introduced into their contract a provision “ that no obligation is assumed by the company prior to the date hereof, nor unless on said date the insured is alive and in sound health.” That they had authority to limit the contract in this way cannot be doubted. Dwight v. Insurance Co., 103 N. Y. 341. The question to be considered arises upon this provision— not upon a representation or warranty made by the plaintiff in the application for insurance. There was no warranty in the application, and it does not appear that any representation was made therein concerning the health of the…
2Cases cited8 opinions
- Dwight v. . Germania Life Ins. Co.New York Court of Appeals · 1886
- London Assurance v. Companhia De Moagens Do BarreiroSupreme Court of the United States · 1897
- Brown v. Metropolitan Life InsuranceMichigan Supreme Court · 1887
- Cushman v. United States Life InsuranceNew York Court of Appeals · 1877
- Grattan v. . Metropolitan Life Ins. Co.New York Court of Appeals · 1883
3 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- French v. Fidelity & Casualty Co.Wisconsin Supreme Court · 1908
- Hines v. Kansas City Life Ins. Co.Court of Appeals of Texas · 1924
- Mutual Life Ins. Co. v. MandelbaumSupreme Court of Alabama · 1922
- Wright v. Federal Life Ins.Texas Commission of Appeals · 1923
- Metropolitan Life Ins. v. ChappellTennessee Supreme Court · 1924
20 more not listed; retrieve them via the Exa API.