Equitable Life Assurance Society of the United States v. Weil

Citations

• 103 Miss. 186
• 60 So. 133

Syllabus

<p>1. Insurance. Relief for fraud. Pleading. Contracts. What law Gov~</p> <p>eras. Tontine policy. Relation between insurer and insured. Where fraud is relied ou as a basis of relief sought from a chancery court, the facts on which the charge of fraud is predicated must be specifically stated, with full definiteness of detail. No general averment of a fraudulent course of business, and no bare statement of a corrupt design on the part of the defendant is sufficient. The acts themselves which are claimed to be fraudulent must be clearly set out.</p> <p>2. Insurance. Contracts. What law governs.</p> <p>..In the interpretation of a tontine policy issued by a New York Insurance Company, the decisions of the New York courts should be followed.</p> <p>3. Life Insurance. Tontine policy. Relations between insurer and insured.</p> <p>The relations between the insurer and the insured under a tontine policy are not of a fiduciary character and the insurance company in such ease does not hold the accumulated profits as trustee for the policy holder.</p>