Rainger v. Boston Mutual Life Ass'n
Massachusetts Supreme Judicial Court
Contract, upon a policy of insurance for $1,000, issued by the defendant on the life of Fred S. Rainger, and payable to the plaintiff, who was his wife. The answer set up, among other defences, false and fraudulent representations by Rainger in his application for insurance. Trial in the Superior Court, before Dewey, J., who directed the jury to return a verdict for the defendant; and the plaintiff alleged exceptions.
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Contract, upon a policy of insurance for $1,000, issued by the defendant on the life of Fred S. Rainger, and payable to the plaintiff, who was his wife. The answer set up, among other defences, false and fraudulent representations by Rainger in his application for insurance. Trial in the Superior Court, before Dewey, J., who directed the jury to return a verdict for the defendant; and the plaintiff alleged exceptions. The facts material to the points decided appear in the opinion.
1Opinion of the CourtMorton, J.
The testimony tended overwhelmingly to show that, at the time when the application was made and the policy was issued, the insured was addicted to the excessive use of intoxicating liquors, and that therefore the answer “ Glass of beer once in a day or two,” to the question in the application, “Do you use ardent spirits, wine, or malt liquors? If so, to what extent, — average quantity each day ? ” was false. It is true that the examining physician testified that he “ discovered no indications of his drinking only what was noted in the report, occasionally a glass of beer,” and that the…
2Cases cited4 opinions
- Hillyer v. DickinsonMassachusetts Supreme Judicial Court · 1891
- Levie v. Metropolitan Life InsuranceMassachusetts Supreme Judicial Court · 1895
- Kullberg v. O'DonnellMassachusetts Supreme Judicial Court · 1893
- Merritt v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1895
3Cited by38 opinions
- McDonough v. Metropolitan Life InsuranceMassachusetts Supreme Judicial Court · 1917
- Dolan v. Mutual Reserve Fund Life Ass'nMassachusetts Supreme Judicial Court · 1899
- Pahigian v. Manufacturers' Life InsuranceMassachusetts Supreme Judicial Court · 1965
- Collins v. Casualty Co. of AmericaMassachusetts Supreme Judicial Court · 1916
- Brown v. Greenfield Life Ass'nMassachusetts Supreme Judicial Court · 1899
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