139 Ky. 711 | Ky. Ct. App. | 1902
Opinion op the Court by
Affirming-
This action was instituted by appellee as administrator of Charles L. Brown, deceased, against appellant, The New York-Life Insurance Co., upon a policy for $5,000 on the life of Brown, payable to his executors, administrator, or assigns. Two defenses were plead by the company. First, that the insured had in his application, in answer to questions propounded to him by the company, made false and fraudulent answers as to the condition of his own health and as to the disease' which had caused the death of his mother and other members of his family. Second, that the insured, Charles L. Brown, knowing that he
It appears from the evidence that the deceased, at the solicitation of an agent of the company, applied for the policy on the thirty-first day of July, 1897, and was on that day subjected to a physical examination by one of the surgeons of the company; and that the annual premium of $105 due upon the policy was paid to the agent of the company by Pin-son, the deceased stating to the agent of the company that the money was advanced by Pinson for him at his request. The policy ef insurance was issued by the company at its home office in New York City on the 17th day of August, 1897, and was addressed to the deceased in care of George Pinson, Jr. After it was received, Brown entered into a written agree ment with Pinson, by which it was stipulated that, in consideration of Pinson paying -the annual premiums upon the policy as they became due and $500 at the death of the insured to his father or such other person as he might direct, the policy was assigned and delivered to Pinson. Brown died about ten months after his application. Pinson at first claimed the benefit of the contract which he had made with Brown and refused to surrender the policy to his administrator, but subsequently did so in consideration of his employment as an attorney by the administrator at the agreed fee of $1,750. A jury trial resulted in a verdict for the full amount of the policy against appellant.
There is a great diversity in the opinions of courts of last resort as to the right to take out life insurance for the benefit of a stranger. Many of the courts hold that where a person obtains a policy on his life and pays the premiums himself, he may make the policy payable to one who has no insurable interest in his life and by so doing no rule of law or public policy would be violated. See Johnson v. Vaneps,
Pinson testifies that he had no interest in the policy at all until after the agreement of August 26th, that he only advanced the first premium as a matter of accommodation, expecting Brown to pay him out of Ms salary as a teacher of a public school.
The gist of the defense relied on in the second paragraph of appellant’s answer is that there was a fraudulent conspiracy between Brown and Pinson to deceive the company as to the true condition of
Perceiving no error prejudicial to the rights of appellant, the judgment is affirmed.