Potvin v. Prudential Ins. Co. of America

• Decision Date: 28 November 1916
• Citation: 114 N.E. 292,225 Mass. 247
• Parties: POTVIN v. PRUDENTIAL INS. CO. OF AMERICA.
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

225 Mass. 247

114 N.E. 292

POTVIN

v.PRUDENTIAL INS. CO. OF AMERICA.

Supreme Judicial Court of Massachusetts, Bristol.

Nov. 28, 1916.

Exceptions from Superior Court, Bristol County; George A. Sanderson, Judge.

Action by Eva Potvin, administratrix of the estate of Zephirin Potvin, deceased, against the Prudential Insurance Company of America, in which defendant filed a petition of interpleader acknowledging liability and averring other claimants and making Adele Patenaude, and others, parties. On plaintiff's exceptions to a finding for claimants, and appeal from the order of judgment. Exceptions overruled.

The following rulings requested by plaintiff were overruled and exceptions taken to the refusal to rule as requested:

(1) The claimants have not shown any such interest in the policies declared on as will give them a claim upon the fund.

(4) It does not appear that the claimants had any insurable interest in the life of the assured; and consequently the policies if issued to them would have been wagering and speculative contracts and against public policy.

(7) The delivery of the policies to the claimants, who paid the premiums, even though under an agreement with the assured, gives them at best nothing more than a claim against the estate of the insured for the amount paid as premiums.

Alvin G. Weeks and Severin M. Lamarre, both of Fall River, for plaintiff.

David Silverstein, of Fall River, for claimants Olivine Potvin and Delia Lafleur.

Solomon Rosenberg, of New Bedford, for Adele Patenaude, adm'x, and Solomon Patenaude, claimants.

RUGG, C. J.

This is an action of contract brought by an administratrix to recover upon seven policies of insurance issued by the defendant upon the life of her intestate. The insurance company interpleaded acknowledging its liability upon the policies, averring that certain other persons had demanded payment of it on the policies, and bringing the moneys due on the policies into court to await final judgment.

This procedure is within the express terms of R. L. c. 173, § 37, and was regular. Connecticut Mutual Life Ins. Co. v. Cook, 219 Mass. 222, 106 N. E. 853, was a different kind of case. The principle upon which it was decided does not prevent an adjudication of the rights of all parties to the present cause. O'Brien v. Ancient Order of Workmen, 223 Mass. 237, 241, 111 N. E. 955.

The plaintiff is the widow and administratrix of the estate of Zephirin Potvin, the insured, having been married to him after the issuance of all the policies here in question. All these policies were issued upon the life of Zephirin, payable upon his death to his ‘executors or administrators,’ no other beneficiary being named in the policies except that payment by the insurer was authorized ‘to any relative by blood or connection by marriage of the insured or to any other person appearing to said company to be equitably entitled to the same by reason of having incurred expenses on behalf of the insured for his or her burial or * * * for any other purpose.’ But this clause is not here pertinent because the insurer has not acted under it. Five of the policies were issued in 1906, when the insured was working with his nephews, sons of a deceased sister, Solomon and Henry J. Patenaude, in the latter's store, and were immediately turned over to Solomon and Henry J., the insured asking them to take the policies, pay the premium, and help him, if it ever was necessary. They took the policies and paid the premiums (except that the widow and administratrix of Henry paid after Henry's death), and they helped the insured the two or three times which he requested. Solomon Patenaude and the administratrix of Henry J. Patenaude, being still in possession of these policies, claim the amounts due upon them. Two of the policies were issued in 1911, when Zephirin, the insured, had a talk with Olivine Potvin, who was the widow of his deceased brother, about getting himself insured for her benefit, she to insure herself in the same company and the policies to be transferred and delivered each to the other. Zephirin caused the agent of the insurance company to be sent to her and she had a policy of the same form issued upon her own life. Later Zephirin brought two policies, which he had received from the company on his own life, and delivered them, one to Olivine Potvin and the other to Delia Lafleur, who was his niece, at the same time asking for the policy upon Olivine Potvin's life, which was delivered to him. In addition to the love and affection which existed between Olivine Potvin and Delia Lafleur with Zephirin, as relatives, there was the further consideration of the delivery to him of the policy on the life of Olivine Potvin, to which no claim of ownership is made by...