Mutual Life Insurance Co. v. Johnson, 293 U.S. 335 (1934)

Contents:
Author: U.S. Supreme Court

Show Summary

Mutual Life Insurance Co. v. Johnson, 293 U.S. 335 (1934)

Please note: this case begins in mid-page. It therefore shares a citation with the last page of the previous case. If you are attempting to follow a link to the last page of 293 U.S. 328, click here.

Mutual Life Insurance Company of New York v. Johnson


No. 154


Argued November 15, 1934
Decided December 3, 1934
293 U.S. 335

CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE FOURTH CIRCUIT

Syllabus

A life insurance policy, issued in Virginia to a resident of that State, provided that, if the insured, before attaining a certain age and while no premium was in default, should furnish the company due proof of his being totally and permanently disabled, the company would grant him specified monthly payments from receipt of such proof through the remainder of his lifetime as long as such disability continued, and would also, after receipt of such proof, waive payment of each premium as it thereafter became due during such disability. Before the expiration of a period of grace allowed for payment of a premium, the insured became totally and permanently disabled, both physically and mentally, to such an extent that he was unable to give notice to the company in advance of default, and thus procure the waiver called for by the policy. The disability persisted until his death.

Held:

1. The contract is to be interpreted according to the law of Virginia, where delivery was made. P. 339.

2. So interpreted, the right to have the premiums waived during the disability was not lost by the failure to give notice, caused by the disability. Id.

3. The question concerns merely the meaning implied in the words of a highly specialized condition, involving no rule of the law merchant or general principle of the law of insurance contracts; it is a doubtful one upon which the courts of the country are divided, and, in deciding it, this Court (though it may have power to do otherwise) will be guided in its decision by the law of the the contract. P. 339.

70 F.2d 41 affirmed.

Certiorari to review a judgment which reversed a judgment on a verdict directed by the District Court for the Insurance Company in an action on a life insurance policy.

Contents:

Related Resources

None available for this document.

Download Options


Title: Mutual Life Insurance Co. v. Johnson, 293 U.S. 335 (1934)

Select an option:

*Note: A download may not start for up to 60 seconds.

Email Options


Title: Mutual Life Insurance Co. v. Johnson, 293 U.S. 335 (1934)

Select an option:

Email addres:

*Note: It may take up to 60 seconds for for the email to be generated.

Chicago: U.S. Supreme Court, "Syllabus," Mutual Life Insurance Co. v. Johnson, 293 U.S. 335 (1934) in 293 U.S. 335 293 U.S. 336. Original Sources, accessed September 21, 2018, http://www.originalsources.com/Document.aspx?DocID=D9X156MG9IGDGP6.

MLA: U.S. Supreme Court. "Syllabus." Mutual Life Insurance Co. v. Johnson, 293 U.S. 335 (1934), in 293 U.S. 335, page 293 U.S. 336. Original Sources. 21 Sep. 2018. www.originalsources.com/Document.aspx?DocID=D9X156MG9IGDGP6.

Harvard: U.S. Supreme Court, 'Syllabus' in Mutual Life Insurance Co. v. Johnson, 293 U.S. 335 (1934). cited in 1934, 293 U.S. 335, pp.293 U.S. 336. Original Sources, retrieved 21 September 2018, from http://www.originalsources.com/Document.aspx?DocID=D9X156MG9IGDGP6.