INSURANCE - DELAY IN ACTING ON APPLICATION - TORT LIABILITY

Wetherbee Jr., William C.

Journal: Michigan Law Review

Volume: 39

First Page: 484

Year: 1941

Bluebook Citation: 39 MICH. L. REV. 484 (1941)

Author: William C. Wetherbee Jr: all 3 publications


Abstract

Appellant, administrator of the deceased's estate, sued the defendant for damages caused by its negligent failure to accept or reject deceased's application for life insurance within a reasonable time. A deposit had been made on the premium, and, but for the delay, the policy would have been approved and the deceased covered by it at the time of his death. The jury returned a verdict for the appellant, who appealed when the judge rendered judgment non obstante veredicto in favor of appellee. Held, that the insurance company was under no duty to accept or reject the application within a reasonable time in order to escape tort liability.

Zayc v. John Hancock Mutual Life Ins. Co. of Boston, Mass., 338 Pa. St. 426, 13 A. (2d) 34 (1940).

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