Court : US Supreme Court
Mutual Life Ins. Co. v. Phinney - 178 U.S. 327 (1900) U.S. Supreme Court Mutual Life Ins. Co. v. Phinney, 178 U.S. 327 (1900) Mutual Life Insurance Company v. Phinney No. 12 Argued January 22-23, 1900 Decided May 28, 1900 178 U.S. 327 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus Upon the showing made by the court of appeals, it is clear that that court had jurisdiction, and should have proceeded to dispose of this case on its merits instead of dismissing it for want of jurisdiction. The plaintiff in error is a corporation, organized under the laws of the New York and doing business as life insurers in the City of New York. It had an agent in the Washington, to whom Phinney, a resident in that state applied for a policy on his life. The application stated that it was made subject to the charter of the company and the laws of New York. A policy was issued which provided that, on its maturing, payment was to be made at the home office of the compa...
Tag this Judgment!Court : Guwahati
P.G. Agarwal, J. 1. Heard Mr. D. C. Sarma, learned counsel for the petitioner and Mr. B. R. Dey, learned counsel for the Life Insurance Corporation of India. 2. This petition has been heard alongwith Civil Rule No. 4145/97 filed by Sri Jadunath Borbora. The said civil rule has been disposed of by separate order. On the submission advanced by the learned counsel, both the civil rule were heard together for the simple reason is that the two petitioners namely, Sri Nabin Kumar Sarma and Sri Jadunath Borbora, being the employees of the Life Insurance Corporation, were subjected to a common disciplinary proceeding. However, the relief sought for in the said two writ petition are different. 3. The petitioner, Sri Nabin Kumar Sarma (since deceased) joined the service of Life Insurance Corporation of India in the year, 1958 and in the year 1986, he was serving as office assistant at the Golaghat branch of the L.I.C. on 14.8.1986, Nabin Kumar Sharma was placed under suspension and thereafter...
Tag this Judgment!Court : Guwahati
M.C. Pathak. C.J. 1. This Letters Patent Appeal arises out of the judgment of the learned single judge.2. Plaintiff-respondent, Omprakash Agarwalla, is the son of Mangilal Agarwalla, who died on 21st July, 1965, During his lifetime Mangilal Agarwalla insured his life under endowment assurance scheme with accident benefit clause with the National Insurance Company Ltd. for a sum of Rs. 5,000 under proposal No. 51099 dated July 31, 1955. Mangilal Agar-walla obtained the policy bearing No. 651669 and the date of commencement was August 28, 1955, from the National Insurance Company Ltd. The mode of payment of premium was yearly and the premium was payable on the 28th day of August, each year. The annual premium was Rs. 254-11-0 (Rs. 254.69). The policy was of automatic non-forfeiture system 'A'. Plaintiff, Omprakash Agarwalla, was nominated to receive the money secured by the policy. The business of the National Insurance Company Ltd. was taken over by the Life Insurance Corporation of ...
Tag this Judgment!Court : Karnataka
Reported in : [1973]43CompCas534(Kar); ILR1973KAR1292; (1973)2MysLJ117
Venkataswami, J. 1. This appeal against the decree in O.S. No. 33 of 1967 on the file of the Civil Judge, Udipi, is by the defendant, Life Insurance Corporation of India (hereinafter referred to as 'L.I.C.'). The suit which had been filed by the Canara Bank Ltd. (hereinafter referred to as 'trustee') as a trustee under five insurance policies, the assured sums thereunder aggregating to Rs. 1,30,000, and the heirs of the deceased-assured, was decreed for a sum of rupees 1,65,546, with current and future interest thereon at the rate of 7 1/2% per annum. 2. The relevant facts leading up to the appeal, briefly, are as follows : One V. S. R. Sriranga Shetty, a merchant of Mercara, took out five insurance policies with the appellant. The first four policies were for a sum of Rs. 25,000 each and the last one for Rs. 30,000. On the date of submission of his proposals in regard to the first two policies, the assured was 48 years old. All these policies were taken out and issued between the date...
Tag this Judgment!Court : Karnataka
Reported in : I(1993)ACC326; 1993ACJ125; [1994]79CompCas625(Kar); ILR1992KAR2959
G.P. Shivaprakash, J.1. One Anil Gangadhar Shanbhag died on December 10, 1980, at the age of 27 years as evidenced by the death certificate produced under memo dated July 19, 1981. 2. It appears, during his lifetime, he had taken six life insurance policies, the particulars of which are as follows : Policy No. Date of commencement Sum assured(Rs.)1. 40196022 21-9-1972 15,0002. 40380276 28-12-1975 10,0003. 40380277 28-12-1975 10,0004. 40384001 18-3-1976 10,0005. 50384083 20-3-1976 10,0006. 40469599 10-8-1978 25,0003. After his death, the petitioner, who is the mother of the deceased, preferred claims in respect of the amounts due under the aforesaid six policies issued by the respondent, together with the incidental benefits accruing thereon. The said claims were made by the petitioner on January 19, 1981. The respondent-Corporation, in several letters which are marked as annexures B to F, repudiated the claims made by the petitioner on the ground that the insured had suppressed certain...
Tag this Judgment!Court : Karnataka
Reported in : 2005ACJ122; ILR2003KAR4582
ORDERShylendra Kumar, J.1. Petitioner's husband was working as a Beekeeping Organiser in the Industries & Commerce Department, Z.P. Wing, Mandya. Petitioner's husband being an employee of the State Government, was under an obligation to take out a policy of insurance on his life during his tenure of employment and this is governed by the Karnataka Government Servants (Compulsory Life Insurance) Rules, 1958 ('the Rules' for short). Under Rule 6 of these Rules, insurance is compulsory for Government servants and a premium amount of 6 1/4 % of the average salary of the employee is required to be remitted to the Government for issuing a life assurance policy under these Rules. Under the Rules, there is an option given to an employee to have a life assurance policy over and above this amount also and on payment of higher premium.2. During his life time, the said employee, the husband of the petitioner had taken out three life assurance policies. Claim was not settled in respect of the Polic...
Tag this Judgment!Court : Andhra Pradesh
Reported in : I(2003)ACC194; 2003ACJ2131; AIR2002AP479; 2002(5)ALT412
G. Yethirajulu, J. 1. This appeal is directed against the judgment and decree in A.S.No.23 of 1996 on the file of the District Judge, Nalgonda preferred against the judgment and decree in O.S.No.46 of 1994 on the file of the Subordinate Judge, Miryalguda.2. The appellants herein are the defendants and the respondent is the plaintiff in the suit. The plaintiff filed the suit for recovery of a sum of Rs.60,000/- payable under an Endowment Assurance Policy given by the Life Insurance Corporation in the name of her late husband.3. According to the plaintiff, her husband late A.Narsi Reddy obtained an endowment assurance policy for a sum of Rs.50,000/- on 20-3-1990 and the policy was issued by the defendant Corporation on 31-5-1990. While so, the plaintiff's husband died on 9-11-1993 due to ill-health leaving behind the plaintiff and two sons.By the date of the death of her husband the policy was in force. Therefore the plaintiff made a claim before the defendant Corporation, but the defend...
Tag this Judgment!Court : Allahabad
Reported in : 1(1984)ACC301
O.P. Saxena, J.1. These are four connected F.A.F.Os. against the order dated 8-5-80 passed by the Motor Accident Claims Tribunal (II Additional District Judge,) Allahabad.2. The petitions related to an accident in which Sri Santosh Behari Mittal, Advocate received serious injuries and succumbed to the same. The accident took place on the 6th of July 1975 at about 9 A.M. on the crossing of Sarojini Naidu Marg and Mahatma Gandhi Marg which is in the form of a circle around the Church in the centre. The place of the accident was on the south-western sector of the circle near the turning of Mahatma Gandhi Marg. The deceased was on his way home from the Allahabad Junction Railway Station. He was going on a rickshaw. Ambassador car UPF 5720 dashed against the rickshaw from the rear side. The rickshaw was on the left side of road and the car was driven rashly and negligently. No horn was blown. As a result of the accident the rickshaw was smashed and the deceased received severe injuries. The...
Tag this Judgment!Court : Punjab and Haryana
Reported in : 1999ACJ685; (1999)121PLR202
V.K. Jhanji, J.1. In this petition under Articles 226 and 227 of the Constitution of India, petitioner is seeking a writ in the nature of Mandamus directing the respondents to pay the amount of insurance as payable under the policies along with bonus accrued and interest at the rate of 12 per cent on the entire amount from the date of death till realisation.2. In brief, the facts are that the husband of the petitioner, Shri S.P. Sharma, had taken three Life Insurance Policies from the respondents. The particulars of the policies are as under: -Policy No. Name of Branch Sum assured Date ofcommencement23856809 Solan Rs. 20,000/- 1.7.197823857530 Shimla Rs. 10,000/- 15.12.197823173625 Solan Rs. 25,000/- 15.12.1979Two of the afore-mentioned policies, i.e. one taken on 1.7.1978 and 15.12.1978 lapsed due to non-payment of premium, but the respondents on receipt of payment, revived the same on 16.3.1981 and 30.3.1981 respectively. Shri S.P. Sharma died on 27.3.1983 and the cause of death as s...
Tag this Judgment!Court : Punjab and Haryana
Reported in : 2010ACJ409; (2008)152PLR651
Hemant Gupta, J.1. The challenge in the present writ petition is to the award dated 24.02.2007, Annexure P-22, passed by the Permanent Lok Adalat, Hisar, directing payment of sum assured i.e. Rs. 1,00,000/- along with interest at the rate of 10% per annum from the date of death of insured till payment.2. Dalip Singh, husband of respondent No. 2 (hereinafter referred to as insurer) submitted a proposal for insurance for Rs. 1,00,000/- on his life on 14.09.2002. The insured made declaration regarding his state of health which was signed by him after admitting all answers to the questions in the proposal to have been recorded correctly. A declaration was also made that all the answers have been given by him after fully understanding and all the answers are true and complete in all particulars and he has not withheld any information.3. It was also agreed by him that the statements made in the proposal form and declaration shall be basis of the contract of assurance and if any untrue averme...
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