(Download) "Kruger v. John Hancock Mut. Life Ins. Co." by Supreme Judicial Court of Massachusetts # eBook PDF Kindle ePub Free
eBook details
- Title: Kruger v. John Hancock Mut. Life Ins. Co.
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 15, 1937
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
DONAHUE, Justice. The John Hancock Mutual Life Insurance Company on the application of Louise C. Pfaff, in 1902, issued a policy of insurance on her life. The policy provided that the insurer 'does insure the life of Louise C. Pfaff * * * in the amount of Eight hundred Dollars, and promises to pay said amount * * * upon satisfactory proof of the death of said Insured, to her children, Gerard H. and Agnes K. Pfaff, in equal shares to each, if living, or to such other beneficiary as may, according to the conditions hereof, be finally designated and recognized by endorsement hereon; or if no beneficiary be then living, then to the executor of the said Insured. * * *' The policy contained a provision reserving to the insured the right to change the beneficiary. The application for insurance which is attached to and made a part of the policy stated: 'I hereby apply to the * * * Insurance Company * * * for insurance on my life * * * to the amount of $800.00 for the benefit of Gerard H. Pfaff & Agnes K. Pfaff, my two children, equally if living at my death, otherwise to my executor or administrator. * * *' The words quoted above appearing in italics were inserted in writing on printed forms of policy and application in which the other words above quoted appear in print. After the death of the insured which occurred in 1933 the insurer paid one half the proceeds of the policy to thenamed beneficiary Agnes and one half to the executor of the insured. The named beneficiary Gerard died intestate in 1925 leaving as his only heir at law and next of kin a minor son. The administrator of the estate of Gerard, who is the plaintiff in the first of these actions, contends that one half the proceeds of the policy should have been paid to him as administrator. The named beneficiary Agnes, who is the plaintiff in the second action, contends that she should have been paid the entire proceeds of the policy. The insurer brought the third action to recover from the executor of the will of the insured the amount of one half the proceeds of the policy paid by it to the executor, contending that in the event it is held that such payment should not have been made, the insurer is entitled to recover the amount of the payment on the ground that it was made under a mistake of fact.
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