[Download] "Kukuruza v. John Hancock Mut. Life Ins." by Supreme Judicial Court of Massachusetts * Book PDF Kindle ePub Free
eBook details
- Title: Kukuruza v. John Hancock Mut. Life Ins.
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 24, 1931
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
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FIELD, J. This is an action of contract to recover $5,000 on an insurance policy issued by the defendant on the life of Awdokia
Kukuruza, the wife of the plaintiff, and payable to the plaintiff as beneficiary upon her death. On motion of the defendant
a verdict for it was directed, and the plaintiff excepted. The case is reported on the agreement that 'if the trial Judge
was right in allowing the defendant's motion and directing a verdict for the defendant, judgment is to be entered for the
defendant, otherwise judgment is to be entered for the plaintiff in the sum of five thousand dollars and interest from June
6, 1927.' The verdict was directed rightly. According to the terms of the policy the defendant insured the life of the insured in consideration of the payment of premiums.
The policy provided for the payment of premiums in quarterly instalments and provided further that except as therein 'expressly
provided, the payment of any premium or instalment thereof shall not maintain this policy in force beyond the date when the
succeeding premium or instalment becomes payable.' It was provided also that a 'grace of thirty-one days * * * during which
the policy shall remain in force, will be granted for the payment of premiums or regular instalments thereof,' and, with limitations
not now material, that the policy might be reinstated 'after default in payment of premium' 'upon production of evidence of
insurability satisfactory to the Company and approved at its Home Office * * * and payment of arrears of premiums.' No modification
of the policy was to be valid 'unless made by the President, a Vice President, the Secretary or an Assistant Secretary, and
no other person * * * authorized to modify or waive any of the terms and conditions of this policy, nor to extend the time
for payment of premiums or other moneys due to the Company, or to bind the Company by making any promise or by accepting any
representation or information not contained in the application for this policy.' Premiums were payable 'at the Home Office
of the Company, or to a duly authorized agent presenting the official receipt signed by the President or Secretary, and countersigned
by the agent designated on such receipt.' It is not disputed that the quarterly instalment due January 19, 1927, which could
have been paid without lapse of the policy on or before February 20, 1927, was not paid until February 28. The plaintiff's
testimony, binding upon him, was that a 'bill' for this instalment of premium was received 'seven or ten' days before January
19, 1927, that he paid this instalment to one Morris on February 28, on his personal receipt, that Morris called at the plaintiff's
house on January 17, 1927, and again on February 28, when this payment was made, that later the receipt of the defendant for
this instalment was received, that previous instalments were paid to Morris on his personal receipt, and subsequently receipts
therefor came from the defendant's main office, and that the plaintiff 'knew no mail came to the house that the policy had
lapsed' and 'didn't know anything about the policy lapsing in 90 or 30 days.' There was evidence also that within the grace
period the plaintiff paid and the defendant accepted the instalment due April 19, 1927. The defendant's receipts for the premiums
were in evidence. There was evidence that Morris was an agent of the defendant, but there was nothing in the policy requiring
the defendant to send an agent to call for the premiums thereon.