Fitzgerald v. Metropolitan Life Insurance
Supreme Court of Vermont
Assumpsit brought by the plaintiff, as beneficiary, upon a policy of insurance issued by the defendant upon the life of Winnie McLean.
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Assumpsit brought by the plaintiff, as beneficiary, upon a policy of insurance issued by the defendant upon the life of Winnie McLean. Plea, the general issue, with notice of the following special matters in defence; that the policy was procured by false and fraudulent representations made by tbe insured in her application for the policy, and in her statements to the medical examiners, and also by false and fraudulent representations made by the plaintiff; that the policy was obtained as the result of a fraudulent and unlawful combination between, the plaintiff and the insured; and that the…
1Opinion of the CourtMunson, J.
This suit is brought on a policy of insurance issued by the defendant on the life of "Winnie McLean, a married woman twenty-four years oE age, which was first made payable to John McLean, her son, with right of revocation, and was after-wards made payable to the plaintiff, her sister, without right of revocation. The policy was issued September 21, 1911; the change of beneficiary was made January 31, 1912; and the insured died May 3, 1912. The claim is contested on the ground that the policy was procured by the false and fraudulent representations of both the insured and the plaintiff, and as…
2Cases cited27 opinions
- Moulor v. American Life InsuranceSupreme Court of the United States · 1884
- Phoenix Life Ins. Co. v. RaddinSupreme Court of the United States · 1887
- Campbell v. New England Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1867
- Dilleber v. . Home Life Insurance Co.New York Court of Appeals · 1877
- Schwarzbach v. Ohio Valley Protective UnionWest Virginia Supreme Court · 1885
22 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- McAllister v. BenjaminSupreme Court of Vermont · 1923
- Spaulding v. Mutual Life InsuranceSupreme Court of Vermont · 1920
- State v. LongSupreme Court of Vermont · 1922
- Cummings v. Connecticut General Life InsuranceSupreme Court of Vermont · 1928
- Fireman's Fund Insurance Company v. KnutsenSupreme Court of Vermont · 1974
20 more not listed; retrieve them via the Exa API.