Burke v. Prudential Insurance
Burke v. Prudential Insurance
Opinion of the Court
An examination of the record, in connection with the specifications of error in this ease, discloses no merit in the defence that was interposed in the court below.
According to plaintiff’s testimony, her intestate, Mary Burke, took out the policies in suit, in her own name, and, after they were delivered to her, she handed them to the witness, her daughter-in-law, and, in the language of the latter, “ she told me to pay the premiums on them, to pay her funeral-expenses, and what would be left then, to go to my child, that was her granddaughter. ... I paid the premiums.”
One of the policies was issued in May, 1889, and the other in August of same year. The premiums that matured during the lifetime of Mrs. Mary Burke, the insured, were all paid. After her death, which occurred in March, 1891, the necessary proofs were furnished to the company, but it declined to pay and suit was brought by the administratrix of the insured. On the trial, after the testimony was closed, defendant company submitted fifteen points for charge, the burden of which is that the policies in suit are what are called in law wagering policies,
The learned judge, after referring to the undisputed facts presented by the evidence, answered all of said fifteen points in the negative, and directed the jury to render a verdict in favor of plaintiff for the full amount of the policies with interest, which was accordingly done.
The first specification of error is more general than specific. It groups together the negative answers to each of the fifteen points and the instructions to the jury to find for plaintiff, etc., and may be dismissed with the remark that it is not according to rule. The remaining seven specifications are to the refusal of the court to affirm the several points therein recited. In view of the undisputed facts presented by the testimony, we are unable to discover any error in either of the specifications. Neither of the policies belongs to the class known as wagering policies, nor do we discover any evidence of fraud on the defendant company.
Judgment affirmed.
Reference
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- Burke v. Prudential Insurance Company
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- 1 case
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- Syllabus
- Life insurance—Wagering policy—Fxecutors and administrators—Fraud. A woman took out a policy of life insurance payable to her executors or administrators. After the policy was delivered to her she gave it to her daughter-in-law, with instructions to pay the premiums on the policy, pay the insured’s funeral expenses, and if anything was left to give it to the granddaughter of the insured. The daughter-in-law paid the premiums, and after the death of the insured took out letters of administration upon the estate. She then brought an action in her representative capacity upon the policy. Meld, that the policy was not a wagering one, and that plaintiff was entitled to recover. That the insured did not disclose to the insurance company the arrangement made with her daughter-in-law will not amount to a fraud upon the insurance company.