McCoy v. Metropolitan Life Ins. Co.

• Decision Date: 28 June 1882
• Citation: McCoy v. Metropolitan Life Ins. Co., 133 Mass. 82 (Mass. 1882)
• Parties: Ann McCoy v. Metropolitan Life Insurance Company
• Court: Supreme Judicial Court of Massachusetts

133 Mass. 82

Ann McCoy v. Metropolitan Life Insurance Company

Supreme Court of Massachusetts

June 28, 1882

Argued October 27, 1881 [Syllabus Material]

Bristol. Contract on a policy of insurance on the life of Ellen McCoy payable to the plaintiff, with a count for money had and received by the defendant to the plaintiff's use. Trial in the Superior Court, before Knowlton, J., who allowed a bill of exceptions, in substance as follows:

The policy in question was dated July 5, 1880, and was issued upon an application, purporting to be signed by Ellen McCoy which provided that "the undersigned hereby declares and warrants that the representations and answers made below, and in the examination on the other side, are strictly correct and wholly true; that they shall form the basis and become part of the contract of insurance, (if one be issued,) that any untrue answers will render the policy null and void, and that said contract shall not be binding upon the company unless at the time of its delivery the insured be alive and in sound health."

Among the questions and answers forming part of the application were the following: Question, "When last sick?" Answer, "Never seriously." Question, "Name and address of physician?" Answer, "None." Question, "Is said life now in sound health?" Answer, "Yes."

The policy recited that it was issued "in consideration of the representations and agreements in the application for this policy, respecting the person named in the schedule hereinafter contained, which application is hereby referred to and made a part of this contract; and in consideration of the payment to said company" of the premiums.

The policy also contained the following conditions: "Sixth. Agents are not authorized to make, alter, or discharge contracts, or waive forfeitures." "Eighth. If the representations upon which this policy is granted be not true, or if the conditions of said policy be not in all respects observed, . . . . this policy shall thereupon become void."

The plaintiff put in evidence tending to show that, on or about June 22, 1880, the plaintiff, at the request of one Hargraves Watson, who was employed by the defendant to solicit insurance on its behalf, and receive and forward applications therefor, consented to take out policies of insurance in said company upon the lives of three of her children, one of whom was the said Ellen; that Watson then asked the plaintiff the name, age and place of residence of each of said children including Ellen, and the name, age and place of residence of their parents, and the name of the beneficiary, to all which questions the plaintiff returned true answers. The plaintiff testified that she told Watson, at the time of making said application, that Ellen was sick and could not pass a doctor; and that Watson replied that it would make no difference, they would insure her. Watson, who was one of the plaintiff's witnesses, denied this, and testified that he did not know that the girl was or had been sick until after he had delivered the policy. It also appeared that Ellen, who died on August 25, 1880, of tuberculosis, was attended by a physician during her last illness; and he, being called as a witness by the plaintiff, testified that he first attended Ellen five months prior to her death; that she was then sick with consumption and had been so for some time; and that her condition was then very bad, although he hoped, when he first began to attend her, to arrest the progress of the disease.

The application was filled up by Watson, partly by writing in the answers given by the plaintiff to him as aforesaid, and partly with other answers and representations which were false and untrue, and of which neither the plaintiff nor Ellen had any knowledge; and he signed her name to the application without her knowledge. He then forwarded the application, so filled in, to the defendant, received therefor the policy declared on, and delivered the same to the plaintiff, who accepted it and paid the premiums thereon to Watson, who forwarded them to the company, until the death of Ellen. Watson did not see Ellen, or have any communication with her in reference to said insurance or otherwise, until after the delivery of the policy.

Until the death of Ellen, neither the defendant, nor its officers, nor any of them, had any knowledge of the condition of Ellen's health at the time of making the application or issuing the policy, except as set forth in the application, or that the application had not been signed by Ellen, or that Watson had filled out the application without her knowledge.

It was admitted by the plaintiff, that the answers in...