A Selection of Cases On the Law of Insurance

Cover A Selection of Cases On the Law of Insurance
A Selection of Cases On the Law of Insurance
Edwin H Edwin Hamlin Woodruff
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I. Co. , 13 N. Y. 31, a recovery in favor of the plaintiff against an insurance company was sustained where it appeared that one Noyes had effected policies of insurance upon his own life and shortly afterwards assigned them to the plaintiff for a valuable consideration. In the answer the defendant alleged, by way of defense, that the plaintiff was entitled to recover only" the amount of money that he had advanced as a consideration of the transfer of the policy to him, and that if defendant wa...s liable beyond such amount upon the policy, the personal representatives were interested in the excess, and, therefore, necessary parties to the suit. And upon the close of the evidence the counsel for the defendant pressed the point that the plaintiff had no insurable inter- est in the life of the insured, and, therefore, was not entitled to judgment. The court regarded the question as one necessary to be passed upon in the final disposition of the case, and after consider- ing it, held that the policies in question were valid in their incep- tion and that the assignment of them to the plaintiff did not affect the liability of the company, and that to entitle the assignee to a recovery it was not necessary for him to have had an insurable interest in the life of the insured.

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