From our private database of 13,000+ case briefs...
John Hancock Mutual Life Insurance Co. v. Cohen
United States Court of Appeals, Ninth Circuit
254 F.2d 417 (1958)
John Hancock Mutual Life Insurance Co. (Insurance Company) (defendant) provided life insurance for the deceased. The deceased’s policy named Cohen (plaintiff) as a beneficiary. Under the terms of the insurance policy, Cohen was to be paid monthly installments for 20 years following the date that the policy was issued (1939), with a final lump sum payment of $5,000 at the end of 20 years. The deceased died in February 1945. The Insurance Company made monthly installment payments to Cohen for 15 years, and at the end of that time, delivered the final lump sum payment of $5,000 to Cohen. The Insurance Company refused to make any additional payments to Cohen. As ground for refusal, the Insurance Company argued that the policy was issued for 20 years by mistake and that both parties intended protection for Cohen for only 15 years. Cohen brought suit against the Insurance Company in federal district court seeking to recover the remaining balance due on the policy. The trial court held that the policy was not issued for 20 years by mistake, and required the Insurance Company to immediately pay Cohen the remaining amount that would be due on the policy in the future if the policy was carried out as agreed, plus the $5,000 lump sum. Total damages awarded to Cohen were $8,000. The Insurance Company appealed. On appeal, the appellate court affirmed the trial court’s finding that no mistake occurred in issuing the policy for 20 years. The appellate court then considered whether the Insurance Company anticipatorily breached
Rule of Law
Holding and Reasoning (Barnes, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 128,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,000 briefs, keyed to 176 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.