Melville Fuller

Name: McMaster v. New York Life Insurance Company (183 U.S. 25) — Opinion of the Court
Author: Melville Fuller

McMaster v. New York Life Insurance Company…

Summary

“McMaster v. New York Life Insurance Company (183 U.S. 25) — Opinion of the Court”, is a work by Melville Fuller. It explores elements such as McMaster, premiums and policies.

Quotes from McMaster v. New York Life Insurance Company… (Melville Fuller)

Melville Fuller, McMaster v. New York Life Insurance Company…

“ On the other hand, can the company deny that McMaster obtained insurance which was not forfeitable for nonpayment of premiums within thirteen months after the first payment?
If it can, by reason of its own act, without McMaster's knowledge, actual or legally imputable, then the company's conduct would have worked a fraud on McMaster in disappointing, without fault on his part, the object for which his money was paid. The motive of the agent to get a bonus for himself rather than to deceive McMaster is not material, as the result of his action would be the same. ”

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Source: Wikisource

Melville Fuller, McMaster v. New York Life Insurance Company…

“ The applications were part of the policies, and from them it appeared, and was found by the circuit court, that McMaster applied for insurance 'on the ordinary life table, the premium to be payable annually.' He was solicited to insure by the company's agent, and might, according to the company's form which was used, have asked that the premiums be payable annually, semiannually, or quarterly, but he chose that they should be payable annually, and that the rate of premium should be calculated on that basis by the ordinary life table. ”

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Source: Wikisource

Melville Fuller, McMaster v. New York Life Insurance Company…

“ At all events, if the payment in advance was a payment which put in force a contract good for life, determinable by nonpayment of subsequent premiums, and this first payment was payment of the premiums for a year, could the requirement of payment of a second annual premium within that year be given greater effect than the right to cancel the policies from January 18, 1895, if such payment were not tendered until after the lapse of thirteen months from December 12, 1893? ”

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Source: Wikisource

Melville Fuller, McMaster v. New York Life Insurance Company…

“ No agent has power in behalf of the company to make or modify this or any contract of insurance, to extend the time for paying a premium, to waive any forfeiture, or to bind the company by making any promise or making or receiving any representation or information. ”

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Source: Wikisource

Melville Fuller, McMaster v. New York Life Insurance Company…

“ The renewal receipts for the second annual premium on the five policies held by Frank E. McMaster in the defendant company were sent for collection to Mary A. Ball, at Sioux City, Iowa, who on the 11th or 12th day of December, 1894, called on said McMaster for payment of the premiums in question. At that time McMaster declined making payment thereon, saying that he had seen other policies which promised better results, and that he did not think he would renew the insurance in the defendant company. ”

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Source: Wikisource

Melville Fuller, McMaster v. New York Life Insurance Company…

“ We are dealing purely with the question of forfeiture, and the rule is that if policies of insurance contain inconsistent provisions, or are so framed as to be fairly open to construction, that view should be adopted, if possible, which will sustain rather than forfeit the contract. ”

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Source: Wikisource

Melville Fuller, McMaster v. New York Life Insurance Company…

“ If any premium is not thus paid on or before the day when due, then (except as hereinafter otherwise provided) this policy shall become void, and all payments previously made shall remain the property of the company. ”

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Source: Wikisource

Melville Fuller, McMaster v. New York Life Insurance Company…

“ It is worty of remark that it was specifically provided that after the policies had been in force one full year they should become incontestable on any other ground than nonpayment of premiums, and we suppose it will not be contended that if any other ground of contest had existed and death had occurred between December 12 and December 18, 1894, the company would have been cut off from making its defense, because the policies had been in force 'one full year' from December 12. ”

Melville Fuller

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Quotes from McMaster v. New York Life Insurance Company… (Melville Fuller)

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