Jefferson Standard Life Ins Co. v. McIntyre
| Decision Date | 21 December 1922 |
| Docket Number | 234. |
| Parties | JEFFERSON STANDARD LIFE INS. CO. v. McINTYRE et al. |
| Court | U.S. District Court — Southern District of Florida |
Giles J. Patterson, of Jacksonville, Fla., for complainant.
Charles E. Davis, of Madison, Fla., for defendants.
July 24, 1922, a bill was filed by complainants against the defendants, Fannie Townsend McIntyre, widow, and R. E McIntyre and Ruth McIntyre, children of Robert Stewart McIntyre, deceased, seeking a cancellation of two certain policies issued by it on the life of said Robert, July 26 1921, because of certain false statements as to health, etc in the medical examination of said Robert preparatory to the issuance of said policies.
The bill of complaint was in October, 1922, amended by making the administrator, appointed subsequent to the filing of the bill, a party defendant. The policies were payable to 'the estate' of said Robert.
Robert Stewart McIntyre died on June 25, 1922, in Madison county Fla. The parties first made defendants filed their motion to dismiss, and subsequent to making the administrator a party he also filed his motion to dismiss.
The main contention, as I view the motion of the administrator, is that, the decedent having died in Florida, the proceeds of the policies inure to the exclusive benefit of the widow and children, and that he has no interest in such proceeds, and consequently no interest in the litigation, and is therefore an improper party. The case of Pace v.
Pace, 19 Fla. 438, determines this question in favor of this contention, and the motion to dismiss as to the administrator will be granted.
The policies contain this clause:
'After this policy shall have been in force for one full year from the date hereof it shall be incontestable for any cause except for nonpayment of premiums.'
The assured died less than one year from the date of the policies. The bill alleges that the complainants will delay bringing suits on said policies until the year has elapsed and thus preclude it from making defense on the grounds set up as a basis for cancellation.
If the right of the defendant to contest liability on said policies would be precluded by the expiration of the year, then said allegation above noted would be an equity sufficient to vest the court of equity with jurisdiction, because the remedy at law would not be plain, adequate, and complete. Section 267 Judicial Code (Comp. St. Sec....
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