Massachusetts Mutual Life Insurance v. Robinson

Citations

• 98 Ill. 324
• 1881 Ill. LEXIS 260

Syllabus

<p>1. Party—plaintiff in suit on insurance policy. Where a life policy of insurance contains an express promise and agreement to pay the sum. insured to the “assured, bis executors, administrators or assigns, ninety days after due notice and proof of the death” of the assured, the executrix of the assured is the proper party to bring suit upon the same, and a subsequent provision in the policy that the sum insured is for the express benefit of the wife of the assured and their children, will not change the rule.</p> <p>2. Practice—consideration of questions of fact. In case of a suit on a policy of iusurance coming to this court through the Appellate Court, no question of fact can be considered. Where the judgment of the trial court is affirmed in the Appellate Court, it implies a finding of the facts the same way as the jury did, and this court has no rightful authority to find the facts differently.</p> <p>3. Interest—on life insurance. Interest is recoverable on the amount of a life insurance policy from the time it is due and payment is refused.</p> <p>4. Insurance—effect of false answers in application made by agent of ike insurers. Where the assured makes a full and complete statement of all facts that materially affect the risk, and the agent of the company, acting in its behalf in preparing the application, of his own accord writes false answers to the usual questions propounded, to be signed by the applicant, with the advice to him that the omitted facts are immaterial, and the assured, in good faith, r .opts the application as prepared, the company will be estopped from denying its liability on the policy after receiving premiums, when loss may occur.</p> <p>5. Instruction—presumption as to how understood. It will be presumed that the jury understood instructions as they commonly impress the mind.</p> <p>6. Error will not always reverse. Entire accuracy in expressing the law in instructions is not to be expected in every case, and it is a rule of general a