Northwestern Mutual Life Insurance v. McCue

Citations

• 223 U.S. 234
• 32 S. Ct. 220
• 56 L. Ed. 419
• 1912 U.S. LEXIS 2229

Syllabus

<p>The obligation of a contract depends upon the law of the State where <■ made.</p> <p>A.life insurance policy which by its terms does not become a completed contract until delivery on payment of first premium is to be . construed as a contract made in the State where the first premium is paid and the policy delivered, notwithstanding a recital that it is to be construed as though made iñ another State. Equitable Life Society v. Clements, 140 U. S. 226.</p> <p>In this case, held, that a policy issued by a Wisconsin company on the life of a resident of Virginia, to whom it was delivered in that State • on payment of the first premium, is a Virginia contract.</p> <p>Even though a policy in a mutual life insurance company be a property right, it is the measure of rights of every one thereunder, and if the owner thereof cannot recover because it would be against public policy to permit a recovery, neither can the innocent heirs of that person recover.</p> <p>A policy of life insurance, silent on the point, does not cover death by the hand of the.law. This is consonant with the rulings of the Virginia courts.</p> <p>Qucere: Whether in a case of this nature this court would have to yield to the determination of what a state court has declared to be its public policy.</p> <p>Qucere: What the public policy of the State of Wisconsin is on the liability of an insurance company for death of the insured by the hand of the law.'</p>