Holden v. Metropolitan Life Ins. Co.
| Decision Date | 19 May 1905 |
| Citation | 74 N.E. 337,188 Mass. 212 |
| Parties | HOLDEN v. METROPOLITAN LIFE INS. CO. |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
Danl.
V. McIsaac, for plaintiff.
Wm. M Butler and Guy W. Cox, for defendant.
The policy having lapsed, the insured, desiring to have it revived, made an application for that purpose and upon that application it was revived. In this application there was a warranty that the insured had not been rejected by other insurance companies. At the trial the defendant showed by uncontradicted evidence that the insured, previous to taking out the policy, had been rejected by other insurance companies; and it contended, among other things that the warranty had been broken, and consequently that the contract of revival was void. To this, so far as respected the application for revival, the plaintiff contended that this application should have been attached to the policy, and that, not having been so attached, it could not be admitted in evidence, nor could the evidence of the breach of warranty be admitted. The court admitted the application and the evidence as to the breach of warranty, ruled that 'the application for revival is not itself a policy of insurance,' and that, inasmuch as the uncontradicted evidence showed 'that prior to the application for revival the assured had been rejected for insurance in other life insurance companies,' 'the warranties contained in the revival were therefore violated, and the revival did not take effect'; and, having so ruled, directed a verdict for the defendant.
Although not stated with much precision, the ruling of the court, in substance, was that Rev. Laws, c. 118, § 73, did not require a copy of the revival application to be annexed to the policy. We are of opinion that the ruling was correct. That section provides that 'every policy which contains a reference to the application of the insured, either as a part of the policy or as having any bearing thereon, must have attached thereto a correct copy of the application, and unless so attached, the same shall not be considered a part of the policy or received in evidence.' An inspection of this policy shows that it does not contain a reference to the application of the insured, either as a part of the policy or as having any bearing thereon. It is true that there is a statement upon the policy that, having lapsed, it is revived upon certain warranties...
To continue reading
Request your trial
-
Walker v. Acacia Mut. Life Ins. Co
... ... application, and is equally subject to the said section of ... the statute, and for the same reason ... Metropolitan ... Life Ins. Co. v. Scott, 134 So. 159; Kirkpatrick ... v. London Guarantee & Acc. Co., Ltd., 139 Iowa 370, 115 ... N.W. 1107, 19 L. R. A. (N ... Clarke ... v. Schwarzenberg, 41 N.E. 655; Great Western Life Ins ... Co. v. Sanvely, 206 F. 20; Holden v. Metropolitan ... Life Ins. Co., 74 N.E. 337; Johnson v. County Life ... Ins. Co., 1 N.E.2d 779; Mutual Life Ins. Co. v ... Lovejoy, 83 So ... ...
-
Reingold v. New York Life Ins. Co.
...policy was issued, not to those made for the purpose of procuring a reinstatement of the policy after a lapse. Holden v. Metropolitan Life Ins. Co., 188 Mass. 212, 74 N.E. 337; New York Life Ins. Co. v. Buchberg, 249 Mich. 317, 228 N.W. 770, 67 A.L.R. 1483; Linder v. Metropolitan Life Ins. ......
-
New York Life Ins. Co. v. Hardison
... ... the insured which were less strict than some of those ... furnished by this statute. Holden v. Prudential Insurance ... Company, 191 Mass. 153, 77 N.E. 309; Moore v ... Northwestern, etc., Insurance Company, 192 Mass. 468, 78 ... N.E. 8; Paquette v. Prudential Insurance Company, ... 193 Mass. 215, 79 N.E. 250; Holden v. Metropolitan Life ... Insurance Company, 188 Mass. 212, 74 N.E. 337; ... Reagan v. Union Mutual Life Insurance Company, 189 ... Mass. 555, 76 N.E. 217, 2 L. R ... ...
-
New York Life Ins. Co. v. Hardison, Ins. Com'r.
...Company, 192 Mass. 468, 78 N. E. 488;Paquette v. Prudential Insurance Company, 193 Mass. 215, 79 N. E. 250;Holden v. Metropolitan Life Insurance Company, 188 Mass. 212, 74 N. E. 337;Reagan v. Union Mutual Life Insurance Company, 189 Mass. 555, 76 N. E. 217,2 L. R. A. (N. S.) 821, 109 Am. St......