Metropolitan Life-insurance v. Elison

Citations

• 72 Kan. 199
• 83 P. 410
• 1905 Kan. LEXIS 414

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Life-insurance — Insurable Interest. An uncle of one whose life is insured has no insurable interest in the life of the insured by reason of kinship.</p> <p>2. -Public Policy — No Insurable Interest. It is against public policy and contrary to law to permit any one to obtain insurance upon the life of a human being, by assignment or otherwise, where such person has no insurable interest in the life of the insured.</p> <p>3. -- Assignment of Policy Held to Invalidate It. An agreement by which one-half of the insurance provided for in a life-insurance policy -was assigned and transferred by the insured and the beneficiary to one having no insurable interest in the life of the insured, upon consideration that the assignee .was to pay the premiums as they accrued, contravenes public policy, and neither the assignee nor the beneficiary who participated in the tainted transaction can recover upon the policy.</p> <p>4. - Case Followed. The case of Life Ins. Co. v. Mc-Crum, 36 Kan. 146, 12 Pac. 517, 59 Am. Rep. 537, approved and followed.</p>