Brennan v. Prudential Insurance
Brennan v. Prudential Insurance
Opinion of the Court
We agree with the learned judge of the court below that the affidavit of defence was insufficient. The policy of insurance in question was taken out on the life of Margaret Brennan. The insurance company defends upon the ground that the policy was issued and delivered to Catharine Lamb, who took it, and paid all the premiums on it which were paid, as beneficiary, and that the.said Catharine Lamb had no insurable interest in the life of Margaret Brennan, being neither a creditor nor a relation. There would have been more force in this defence if the suit had been brought by Catharine Lamb. It .was brought, however, by the administrator of the estate of Margaret Brennan,
We do not attach importance to the further objection that no exceptions to the affidavit were filed in the court below. That court is the best judge of its own rules, and we would not interfere with its construction of them, unless for palpable abuse. We do not find such in this case.
Judgment affirmed.
Reference
- Full Case Name
- Brennan, Adm'r v. Prudential Insurance Co.
- Cited By
- 5 cases
- Status
- Published
- Syllabus
- Life ‘Insurance — Insurable interest — Defence to suit on policy. Whore a policy oi' life insurance was by its terms payable to the administrator of the insured, and after the death of the insured, in a suit upon the policy by the administrator, the company defendant set up in an affidavit of defence that the policy was issued and delivered to a third party, who took it and paid all the premiums on it as beneficiary, and that such third party had no insurable interest in the life of the insured, field, that the affidavit was insufficient. Practice — Buies of court — Court to interpret its own rules. Each court is the best judge of its own rules, and the Supreme Court will not interfere with the construction put upon its rules by the court below unless for palpable abuse.