Albro v. Manhattan Life Ins.

Citations

• 119 F. 629
• 1902 U.S. App. LEXIS 5348

Syllabus

<p>1. Life Insurance—Puace of Contract.</p> <p>The answer in an action on a life insurance policy admitted that the defendant was legally admitted to do business in Massachusetts; that the policy in suit was issued on an application made in writing to its agent in that state where the applicant resided, and was there delivered to the applicant by such agent, to whom the first premium was paid. Held that, in the absence of other facts, the policy was a Massachusetts contract.</p> <p>¶ 1. See Insurance, vol. 28, Cent. Dig. § 174.</p> <p>2. Same—Law Governing Contract—Effect of Provisions in Policy.</p> <p>Where a contract of life insurance is in fact made within a state between a resident thereof and a foreign insurance company legally authorized to do business therein, the parties cannot avoid statutory provisions of the state, declaring a rule of public policy with respect to such contracts made within its jurisdiction, by inserting provisions in the policy adopting the law of another state.</p> <p>8. Same—Massachusetts Statute—Requiring Attachment of Correct Copy of Application to Policy.</p> <p>Under the statute of Massachusetts (Acts 1894, c. 522, § 73) providing that, unless a correct copy of the application is attached to the policy, the same shall not be considered a part of the policy or received in evidence, an application cannot be admitted in evidence as a defense to an action on the policy where the copy omitted the answers made by the applicant to certain questions, which appeared in the original, and which under some circumstances might affect the rights of the parties, although they have no bearing on the questions raised by the pleadings.</p> <p>4. Same—Rule of Evidence in Federal Courts—Following State Decision.</p> <p>In construing such statute the supreme judicial court of Massachusetts laid down the rule that, where under its terms the application itself was not admissible in evidence, the company could not be permitted to show by oral evidence st