Mercier v. John Hancock Mutual Life Insurance Co.
Maine Supreme Court
141 Me. 376, 44 A.2d 372 (1945)
- Written by Mary Phelan D'Isa, JD
Facts
The beneficiary of a life-insurance policy sued the insurance company in a Maine state court for benefits under the policy. The agent, who was licensed in Maine, sold the policy in Maine. The insurance company refused to pay and alleged that the insured lied about being a diabetic and taking diabetes medicine and that the insured’s relative lied about the insured being in good health when the insured was a patient in a tuberculosis sanitarium. Conflicting testimony was presented about whether the agent who sold the policy was aware of the insured’s diabetes and told the insured not to worry about it and failed to ask about the insured’s health. The trial judge refused to instruct the jury that Maine law, which provides that an insurance company must not rely as a defense on misrepresentations known to the agent, did not apply because the policy was a Massachusetts contract. The jury verdict favored the insurance company, and the court would not find that the verdict was manifestly wrong. The beneficiary appealed.
Rule of Law
Issue
Holding and Reasoning (Manser, J.)
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