Stocker v. Boston Mutual Life Ass'n
Massachusetts Supreme Judicial Court
Contract, upon a policy of insurance for $5,000, issued by the defendant on the life of Frederick Stocker, son of the plaintiff, and payable to his executors or administrators. In April, 1894, the insured ceased to pay his assessments, and the policy lapsed, and so remained until February 19, 1895, when, upon application and certain representations and warranties by the assured, he was reinstated.
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Contract, upon a policy of insurance for $5,000, issued by the defendant on the life of Frederick Stocker, son of the plaintiff, and payable to his executors or administrators. In April, 1894, the insured ceased to pay his assessments, and the policy lapsed, and so remained until February 19, 1895, when, upon application and certain representations and warranties by the assured, he was reinstated. The defendant was incorporated under the St. of 1890, c. 421, entitled “ An Act relating to assessment insurance.” At the trial in the Superior Court, before Maynard, J., the defendant requested…
1Opinion of the CourtLathrop, J.
The question in this case is whether § 21 of the St. of 1887, c. 214, applies to an assessment insurance company incorporated under the St, of 1890, c. 421.
Section 21 reads as follows: “ No oral or written misrepresentation piade in the negotiation of a contract or policy of insurance, by the assured or in his behalf, shall be deemed material or defeat or avoid the policy or prevent its attaching, unless such misrepresentation is made-with actual intent to deceive, or unless the matter misrepresented increased the risk of loss.”
The question now before the court was not raised in Rainger v.…
2Cases cited5 opinions
- Rainger v. Boston Mutual Life Ass'nMassachusetts Supreme Judicial Court · 1896
- White v. Provident Savings Life Assurance SocietyMassachusetts Supreme Judicial Court · 1895
- Levie v. Metropolitan Life InsuranceMassachusetts Supreme Judicial Court · 1895
- Hogan v. Metropolitan Life InsuranceMassachusetts Supreme Judicial Court · 1895
- Durkee v. India Mutual InsuranceMassachusetts Supreme Judicial Court · 1893
3Cited by6 opinions
- Dolan v. Mutual Reserve Fund Life Ass'nMassachusetts Supreme Judicial Court · 1899
- Brown v. Greenfield Life Ass'nMassachusetts Supreme Judicial Court · 1899
- Kidder v. Supreme Commandery United Order of the Golden CrossMassachusetts Supreme Judicial Court · 1906
- Nugent v. Greenfield Life Ass'nMassachusetts Supreme Judicial Court · 1899
- Abraham v. Mutual Reserve Fund Life Ass'nMassachusetts Supreme Judicial Court · 1903
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