Summary

Portrait of Stephen Johnson Field Stephen Johnson Field Warnock v. Davis — Opinion of the Court

But if there be any sound reason for holding a policy invalid when taken out by a party who has no interest in the life of the assured, it is difficult to see why that reason is not as cogent and operative against a party taking an assignment of a policy upon the life of a person in which he has no interest. The same ground which invalidates the one should invalidate the other-so far, at least, as to restrict the right of the assignee to the sums actually advanced by him.
Source: Wikisource

Portrait of Stephen Johnson Field Stephen Johnson Field Warnock v. Davis — Opinion of the Court

The assignment of apolicy to a party not having an insurable interest is as objectionable as the taking out of a policy in his name. Nor is its character changed because it is for a portion merely of the insurance money. To the extent in which the assignee stipulates for the proceeds of the policy beyond the sums advanced by him, he stands in the position of one holding a wager policy.
Source: Wikisource

Portrait of Stephen Johnson Field Stephen Johnson Field Warnock v. Davis — Opinion of the Court

The natural affection in cases of this kind is considered as more powerful-as operating more efficaciously-to protect the life of the insured than any other consideration. But in all cases there must be a reasonable ground, founded upon the relations of the parties to each other, either pecuniary or of blood or affinity, to expect some benefit or advantage from the continuance of the life of the assured. Otherwise the contract is a mere wager, by which the party taking the policy is directly interested in the early death of the assured.
Source: Wikisource

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