Minuto v. Metro. Life Ins. Co.
| Decision Date | 09 April 1937 |
| Docket Number | No. 7761.,7761. |
| Citation | 191 A. 117 |
| Parties | MINUTO v. METROPOLITAN LIFE INS. CO. |
| Court | Rhode Island Supreme Court |
Exceptions from Superior Court, Providence and Bristol Counties; Leonidas Pouliot, Jr., Judge.
Action in assumpsit by Vincenzo Minuto against the Metropolitan Life Insurance Company. Directed verdict for the plaintiff, and the defendant brings exceptions.
Exceptions overruled, and case remitted for entry of judgment.
See, also, 55 R.I. 201, 179 A. 713.
Henry M. Boss and Leo M. Goldberg, both of Providence, for plaintiff. Tillinghast, Morrissey & Flynn and M. Walter Flynn, all of Providence, for defendant.
This action in assumpsit on an industrial life insurance policy was tried by a justice of the superior court sitting with a jury. At the conclusion of the testimony each party moved for a direction of verdict and the trial justice directed a verdict for the plaintiff. The case is before us on the defendant's exceptions to the action of the trial justice in directing a verdict for the plaintiff and in refusing to direct a verdict for the defendant.
The testimony shows that the Metropolitan Life Insurance Company issued an industrial life insurance policy to one Filomeno Di Sano payable to the executor or administrator of the insured, subject to the company's option to pay under the facility of payment clause. The policy having lapsed, it was reinstated upon payment of premiums in arrears. These premiums in arrears and all subsequent premiums were paid by the plaintiff. Shortly after the reinstatement of the policy, the assured delivered the policy to the company with the request that the plaintiff be designated as beneficiary. The company returned it after putting on it the following indorsement: "Subject to the provision of the policy authorizing payment at the company's option to other persons * * * Vincenzo Minuto * * * cousin * * * has been designated beneficiary, to receive death benefit only." On the death of the insured, Minuto delivered the policy, the premium receipt book, and the proof of death to the insurer and demanded payment of the policy. The insurer thereafter paid the amount due on the policy to the executor of the will of the insured, and refused payment to the plaintiff. The plaintiff thereupon commenced this action against the defendant, contending that payment should have been made to him as beneficiary under the policy.
The policy in the case at bar contains the following paragraph: "The conditions, privileges, and concessions to policy holders, schedule on page 4 hereof, and any endorsement either printed or written as made by the company, on any of the pages following are a part of this contract as fully as if recited over the signatures hereto affixed." The interest of the executor or administrator, as such, under the policy was annulled by the substitution of the plaintiff as beneficiary, as set forth in the rider above...
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Rohde v. Metropolitan Life Ins. Co.
... ... of the insured or for his or her burial. Folta v ... Prudential Insurance Company, 176 A. 326; Minuto v ... Metropolitan Life Insurance Company, 191 A. 117; ... Valenti v. Prudential Insurance Company, 71 F.2d ... 229; Watson v. Pilgrim Health and ... ...
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Jenkins v. Metropolitan Life Ins. Co.
... ... What I ... have said in regard to the Moore case also points the ... distinction between the instant case and Minuto v ... Metropolitan Life Ins. Co., 58 R.I. 71, 191 A. 117, 135 ... A.L.R. 953, which is also relied upon in plaintiff's ... brief on rehearing ... ...
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Capuano v. Metro. Life Ins. Co., 7675.
...therefore is not affected by that decision. The facts are substantially the same as those appearing in our opinion in Minuto v. Metropolitan Life Ins. Co., 191 A. 117, which we have just decided, and they raise the same decisive question of law. The insurer, the assured, and the executor of......