Legal Opinion

Dolan v. Mutual Reserve Fund Life Ass'n

Massachusetts Supreme Judicial Court

Decided April 4, 1899PublishedCited by 47 opinions

Contract, upon a policy of insurance for $2,000, issued by the defendant on the life of Farrell Dolan, and payable to the plaintiff, who was his wife. At the trial in the Superior Court, before Graskill, J., the jury returned a verdict for the plaintiff; and the defendant alleged exceptions, which appear in the opinion.

1Opinion of the CourtKnowlton, J.

The plaintiff seeks to recover under a policy

of life insurance on the assessment plan issued by a foreign corporation on the life of her husband, Farrell Dolan, for her benefit. The date of the policy is October 5, 1894. An important question is whether the statute of 1894, c. 522, § 21, is applicable to this policy. . This section is a re-enactment of previous legislation, which provides that “ no oral or written misrepresentation made 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…

2Cases cited22 opinions

  1. Commonwealth v. RobinsonMassachusetts Supreme Judicial Court · 1888
  2. Commonwealth v. PreeceMassachusetts Supreme Judicial Court · 1885
  3. Blair v. Inhabitants of PelhamMassachusetts Supreme Judicial Court · 1875
  4. Brown v. Greenfield Life Ass'nMassachusetts Supreme Judicial Court · 1899
  5. Rainger v. Boston Mutual Life Ass'nMassachusetts Supreme Judicial Court · 1896

17 more not listed; retrieve them via the Exa API.

3Cited by47 opinions

  1. Steranko v. Inforex, Inc.Massachusetts Appeals Court · 1977
  2. Ayers v. RatsheskyMassachusetts Supreme Judicial Court · 1913
  3. Herman v. FineMassachusetts Supreme Judicial Court · 1943
  4. Mutual Life Ins. v. DibrellTennessee Supreme Court · 1916
  5. Continental Casualty Co. v. OwenSupreme Court of Oklahoma · 1913

42 more not listed; retrieve them via the Exa API.

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