McAuliffe v. Metropolitan Life Insurance

The opinion of the court was delivered by

Parker, J.

The Supreme Court affirmed the judgment of a District Court in a suit on three policies of insurance upon the life of Patrick McAuliffe, deceased, and the propriety of this affirmance is the question before us. We conclude that it was erroneous upon three grounds.

1. The policies, all alike, contained a clause that "no obligation is assumed hv the company prior to the date hereof, nor unless on said date the insured is alive and in sound health;” and it appeared without dispute that on the respective dates of the policies the insured was not…