Kennedy v. Mutual Benefit Life Ins. Co. of Newark, N.J.
| Decision Date | 20 May 1913 |
| Docket Number | 319. |
| Citation | 205 F. 677 |
| Parties | KENNEDY v. MUTUAL BENEFIT LIFE INS. CO. OF NEWARK, N.J. |
| Court | U.S. District Court — District of Montana |
Kremer Sanders & Kremer, of Butte, Mont., for plaintiff.
Gunn Rasch & Hall, of Helena, Mont., for defendant.
This is an action wherein plaintiff claims to be the beneficiary of insurance procured from defendant. The defense denies the insurance.
Trial by the court. It appears, and the court finds, that on January 11, 1906, at Butte, Mont., Harry A. Kennedy, whose life was then insured for $5,000 by defendant, applied to defendant's local agent for additional insurance in amount $10,000; plaintiff the beneficiary. The application signed by Kennedy stated that, if the total face value of insurance carried in defendant amounted to $15,000, a microscopical examination of urine was required. The applicant was examined by defendant's local medical examiner, but such microscopical examination was not made.
The first annual premium was contingently paid, and the applicant received a receipt wherein was recited that:
'This receipt will be binding on the company from the date of medical examination, provided the application for the insurance is approved and policy issued by the company, as applied for.'
The agent forwarded said application to the company at Newark N.J. The medical board of defendant disapproved the application, and under defendant's rules it went to and required approval by three of defendant's executive officers, or it stood rejected. Three of such officers marked the application 'Approved January 20, 1906,' and affixed their initials thereto. At least one of them was ignorant that no microscopical examination had been made, though abbreviations noted on the application indicated the fact.
It then went to the policy department, where it could be properly subjected to further scrutiny. Thereupon the lack of the aforesaid microscopical examination was noted, no policy was written, the application was referred back to the executive officers because of the lack aforesaid, by one of them the approval before made was canceled, and on January 22, 1906, a letter was written by defendant to its Butte agent, stating that such microscopical examination was desired. Kennedy was accidentally killed on January 26, 1906, said letter was received in Butte on January 27, 1906, and payment was demanded of and refused by defendant.
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