Jacobs v. New York Life Insurance

Mississippi Supreme Court
Jacobs v. New York Life Insurance, 71 Miss. 658 (Miss. 1893)
Campbell

Jacobs v. New York Life Insurance

Opinion of the Court

Campbell, C. J.,

delivered the opinion of the court.

There is no escape from the plain stipulation of the contract “that, if said application is not approved and accepted, said company shall incur no liability thereunder,” and the fact that said application was not approved and accepted, but the applicant died while the company was considering the application. It had incurred no liability, and cannot be held bound as if it had.

We have examined the cases cited for the appellant, but they fall far short of maintaining the liability of the company. The denial of all liability by the company, on the facts of this case, does not need the support of adjudication, and we have not examined any, preferring to rest with perfect confidence on the unmistakable meaning of the written agreement, which no number of books or extent of ingenious argument could change so as to create liability, except on the terms it expresses.

Affirmed.

Reference

Full Case Name
Regina M. Jacobs v. New York Life Insurance Co.
Cited By
4 cases
Status
Published
Syllabus
Life Iusubánoe. Death of applicant before policy issues. Liability. Where an applicant for insurance stands a satisfactory medical examination, and pays a stated sum, taking from the agent of the company a receipt, stipulating that if the application “for insurance to take effect from this day” is approved, and a policy issued, the money is to be applied in payment of the first semi-annual premium; but “ that, if said application is not approved and accepted, said company shall incur no liability, and said sum is to be returned on surrender of this receipt,” and the applicant dies while the company is considering the application, and it is not approved, the company incurs no liability. So held on demurrer to a declaration alleging that the application was refused arbitrarily and without cause.