Neary v. Metropolitan Life Insurance
Supreme Court of Connecticut
Action in the nature of interpleader to determine the respective rights of several claimants in and to the amount due under a policy of life insurance, brought to and tried by the Superior Court in New Haven County, Greene, J.; facts found and judgment rendered in favor of the defendant Catherine Neary, wife of the insured, from which the plaintiff, the insured’s mother, appealed.
Read the full summary
Action in the nature of interpleader to determine the respective rights of several claimants in and to the amount due under a policy of life insurance, brought to and tried by the Superior Court in New Haven County, Greene, J.; facts found and judgment rendered in favor of the defendant Catherine Neary, wife of the insured, from which the plaintiff, the insured’s mother, appealed. In 1913 John Neary and Catherine, his wife, joined in an application to the Metropolitan Life Insurance Company for insurance upon the life of John. The policy in question was issued on that application naming…
1Opinion of the CourtBeach, J.
It is not claimed that the attempted change of beneficiary was completed in the manner provided for in the policy, by surrender of the policy and indorsement of the change thereon by the company. On the contrary, the finding is that the policy remained continuously in the possession of the original beneficiary, Catherine, who paid all the premims thereon and was never asked to give it up. She had no knowledge of any desire or attempt to change the beneficiary until she went to the company’s office to prepare the proofs of death.
The plaintiff’s claim is that the formalities prescribed in the…
2Cases cited7 opinions
- Indiana National Life Insurance v. McGinnisIndiana Supreme Court · 1913
- Supreme Colony v. TowneSupreme Court of Connecticut · 1914
- Filley v. Illinois Life InsuranceSupreme Court of Kansas · 1914
- Masonic Mutual Benefit Ass'n v. TollesSupreme Court of Connecticut · 1898
- Christman v. ChristmanWisconsin Supreme Court · 1916
2 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Kochanek v. Prudential Insurance Co. of AmericaMassachusetts Supreme Judicial Court · 1928
- Baurer v. DevenisSupreme Court of Connecticut · 1923
- Davis v. Modern Industrial BankNew York Court of Appeals · 1939
- United States v. Aetna Life Ins. Co. of Hartford, Conn.District Court, D. Connecticut · 1942
- Allen v. Home National BankSupreme Court of Connecticut · 1935
14 more not listed; retrieve them via the Exa API.