122 Pa. 324 | Pa. | 1888
Oiumm,
This suit was brought on a policy of life insurance, issued by the U. B. Mutual Aid Society, etc., March 22, 1882, upon the life of Roger MeDevitt. The application for the policy provided that “ the certificate of membership should be issued in favor of and be payable to Michael McDonald,” who was “ to pay all dues and assessments.” The policy itself, after stating that Mr. Roger MeDevitt “ had paid $24 as his annual payment” and had become a member in said IT. B. Mutual Aid ■Society of Pennsylvania, etc., provides that “this membership entitles Michael McDonald, his heirs and assigns, upon the ■death of said Mr. Roger MeDevitt to $3,000.” Had Michael McDonald such an interest in the life of Roger MeDevitt as would support the policy ?
It cannot be pretended that the mere fact that McDonald was a step-son of- MeDevitt would create an insurable interest; no case has been brought to our notice which carries the rule to that extent. It is a rule founded in public policy, and is of
Roger McDevitt was married to McDonald’s mother, but she had died some years before the policy issued. McDonald was a married man; he had a separate home and family of his own; he was a step-son but was not otherwise related to McDevitt, either by blood or marriage. Nor was he a creditor of Mc-Devitt or in any way dependent upon him or responsible for his support or otherwise. The plaintiff testifies they had helped each other at times but that McDevitt owed him nothing ; he says that he had a stroke of paralysis, and Ms wife got Mm to take out the policy to protect her if he died; she thought he was likely to die first, but it was for the benefit of whichever lived the longest. And although the policy states that the first annual payment of $24 was paid by McDevitt, the plaintiff unequivocally testified that he paid all the money that was paid on it. It is very plain from all the testimony that McDevitt simply suffered the use of Ms name; that the insurance was effected at the suggestion of McDonald or McDonald’s wife, at their own expense, for their exclusive benefit. We fail to discover any insurable interest Michael McDonald had in the life of Roger McDevitt, there is, therefore, nothing to support the policy.
It is the absence of this insurable interest which gives to the policy the character of a wager contract; there can arise in
The judgment is reversed.