Yore v. Booth

Citations

• 110 Cal. 238
• 42 P. 808
• 1895 Cal. LEXIS 1048

Syllabus

<p>Life Insurance—Policy Payable to Legal Heirs—Power to Change Beneficiaries.—A person who procures a policy upon his life payable to a designated beneficiary, although he pays the premiums himself and keeps the policy in his exclusive possession, has no power to change the beneficiary unless the policy itself or the charter of the insurance company so provides; and this doctrine is applicable to a case in which the designated beneficiaries are the legal heirs of the person effecting the insurance. .</p> <p>Id.—Rights of Beneficiaries—Vested Interest.—A beneficiary named or described in the policy of life insurance, although parting with nothing and simply the object of another’s bounty, has a vested and irrevocable interest in the policy, which he may keep alive for his own benefit by paying the premiums or assessments, if the person who effected the insurance fails or refuses to do so.</p> <p>Id.—Action upon Policy—Declarations of Deceased—Hearsay.—In an action upon a policy of insurance, brought by the beneficiaries, after the death of the insured person, any declarations of the deceased, not made at the time of procuring the policy, or as part of the res gestae, are hearsay and incompetent evidence.</p> <p>Id.—Statement as to Age—Presumption—Conflicting Statement.— A statement in the application for the policy as to the age of the insured is presumed to be true; and any different or contradictory statement as to his age in applications for other policies, or lit other times, are hearsay, and cannot overcome such presumption.</p> <p>Id.— Application for Another Policy—Signature for Widow.— An application for a different policy from the one in suit, signed by the husband, in the name of the widow, and not by her in person, although it would be competent evidence against her in an action upon the policy issued thereon, is not competent evidence in favor of another insurance company sued upon the policy in controversy, to show a different statement of the age of th