Filmore v. The Metropolitan Life Insurance Co.
Ohio Supreme Court
82 Ohio St. 208, 92 N.E. 26 (1910)
- Written by Sharon Feldman, JD
Facts
Elmer Filmore (plaintiff) was the beneficiary under a life-insurance policy (the policy) issued to his wife by the Metropolitan Life Insurance Company (Metropolitan) (defendant). Fillmore sued Metropolitan to recover the amount he claimed was due him under the policy. Metropolitan generally denied the allegations of Filmore’s petition and pleaded in defense that Filmore murdered his wife and was indicted, convicted, and sentenced for manslaughter. Metropolitan asserted that because Filmore caused his wife’s death, he was estopped from asserting a claim as beneficiary under the policy. Filmore’s demurrer to the defense was overruled. Filmore’s petition was dismissed, and the judgment of dismissal was affirmed. Filmore appealed to the Ohio Supreme Court, arguing that Metropolitan’s defense was fatally defective because it did not directly or sufficiently aver that Filmore’s killing of his wife was an intentional killing.
Rule of Law
Issue
Holding and Reasoning (Crew, J.)
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