Home Life Insurance v. Selig

Citations

• 81 Md. 200
• 31 A. 503
• 1895 Md. LEXIS 33

Syllabus

<p>Injunction to Restrain Action .at Law on Policy of Insurance.— Concurrent Jurisdiction.</p> <p>An injunction will not be granted to restrain'the prosecution of an action at law on policies of life insurance by an assignee thereof, upon the ground that the policies and the assignment and assent thereto of the insurer had been procured by fraud, since that question can be determined in the action at law.</p> <p>After an action at law on a policy of life insurance had been instituted by an assignee thereof, and pleas were filed alleging fraud in procuring the policy and in the assignment, the defendant filed a bill inequity alleging that the policy and the assignment, etc., had been obr tained by fraud, and asking that the plaintiff in the action be restrained from further prosecuting the same, and for a cancellation of the policy if fraudulent, and if not, then for a determination of the question of the ownership of the proceeds. Held, that the bill should be dismissed because these questions could be tried in the action at law, and also because if a Court of Equity had concurrent jurisdiction in the premises, yet the Court of Law, having first assumed control of the subject-matter, was entitled to retain it.</p> <p>When the jurisdiction of a Court of Law is concurrent with that of a Court of Equity, the Court which first exercises jurisdiction is, as a general rule, entitled to retain exclusive control of the issues.</p>