Bradley v. Prudential Ins. Co. of America

• Decision Date: 05 January 1905
• Citation: 72 N.E. 989,187 Mass. 226
• Parties: BRADLEY v. PRUDENTIAL INS. CO. OF AMERICA.
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

187 Mass. 226

72 N.E. 989

BRADLEY v. PRUDENTIAL INS. CO. OF AMERICA.

Supreme Judicial Court of Massachusetts, Suffolk.

January 5, 1905

COUNSEL

John F. Lynch and Danl. H. Bradley, for appellant.

Chas T. Cottrell, for appellee.

OPINION

BARKER J.

This suit upon an insurance policy, of the kind commonly known as industrial insurance, after having been decided in favor of the defendant upon a hearing upon a statement of agreed facts, is here upon the plaintiff's appeal.

The policy was on the life of one Mary Sawyer, and was issued upon her own application in the year 1896. She was then the wife of one Henry C. Sawyer, and continued to be his wife until the time of her death, on September 25, 1902. After taking out the policy, she and her husband separated and lived apart. After the separation, she and one Murphy went through the form of marriage, and lived together as husband and wife until the time of her death; she being known as Mary Sawyer Murphy. The weekly premiums on the policy were paid partly by her, and partly by Murphy with money received from her, and partly by Murphy with his own money. The amount of premiums paid by him is unknown. After her death he paid her funeral expenses, amounting to $158. He made and delivered to the company the usual proofs of death during the first part of October, 1902, and on or about October 14 1902, the full amount due on the policy, $507.50, was paid to him by the company. He had paid the funeral expenses before he received that payment, and that fact was known to the company when it made the payment to him. The proofs of death stated that he was the husband of the deceased. The company claims that the payment to him was made under the clause of the policy entitled 'Article Second,' and believed that he was the person who best fulfilled the requirements of that article, inasmuch as he had paid a part of the premiums and had incurred and paid the expenses of the burial of the insured, his alleged wife. It is further agreed that all the acts of the company were in good faith, and that the only question for the consideration of the court is whether or not the payment to Murphy is a defense to this suit. After that payment the rightful husband of the insured demanded payment of the amount of the policy from the company, and, the demand being refused, the plaintiff was appointed administrator of the estate of the insured, and brought this suit. It is agreed that, if the payment to Murphy is a full and complete bar to the plaintiff's claim, judgment is to be entered for the defendant. If that payment is not a legal defense, it is agreed that the plaintiff shall have judgment for $507.50, and interest from October 12, 1902.

The promise made by the company in its policy is to pay a certain sum to the executors, administrators, or assigns of the insured, 'unless settlement shall be made under the provisions of article second hereinafter contained.' If then, such settlement has been made, the contract has been performed...