Holden v. Prudential Insurance Co. of America
Massachusetts Supreme Judicial Court
Contract, by the administratrix of the estate of John J. Holden, late of Boston, on a policy of life insurance issued by the defendant, a corporation organized under the laws of the State of New Jersey, on the life of the plaintiff’s intestate. Writ dated October 3,1902. In the Superior Court the case was tried before Harris, J. No copy of the application for insurance was annexed to the policy.
Read the full summary
Contract, by the administratrix of the estate of John J. Holden, late of Boston, on a policy of life insurance issued by the defendant, a corporation organized under the laws of the State of New Jersey, on the life of the plaintiff’s intestate. Writ dated October 3,1902. In the Superior Court the case was tried before Harris, J. No copy of the application for insurance was annexed to the policy. The defendant offered the application in evidence and offered to show that in the application Holden, the insured, declared and warranted that the answers to the questions therein contained were…
1Opinion of the CourtKnowlton, C. J.
The plaintiff brought suit upon a policy of life insurance, issued to her intestate, and the defendant answered that the policy was procured by fraud practised upon the company in regard to the risk. It is elementary law that this, if proved, would be a good defence. Proof might be made by showing material false and fraudulent representations, whether oral or in writing, and reliance upon them as an inducement to the issuing of the policy. The defendant offered in evidence a *157written application of the plaintiff’s intestate for insurance, containing representations alleged to be fraudulent.…
2Cases cited5 opinions
- Reagan v. Union Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1905
- Costello v. CrowellMassachusetts Supreme Judicial Court · 1882
- Cobb v. City of BostonMassachusetts Supreme Judicial Court · 1872
- Morrison v. ChapinMassachusetts Supreme Judicial Court · 1867
- Mayberry v. HolbrookMassachusetts Supreme Judicial Court · 1903
3Cited by18 opinions
- New York Life Insurance v. HardisonMassachusetts Supreme Judicial Court · 1908
- Continental Casualty Co. v. OwenSupreme Court of Oklahoma · 1913
- Schiller v. Metropolitan Life InsuranceMassachusetts Supreme Judicial Court · 1936
- Guiffre v. CarapezzaMassachusetts Supreme Judicial Court · 1937
- Commonwealth v. McDermottMassachusetts Supreme Judicial Court · 1926
13 more not listed; retrieve them via the Exa API.