Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-12-24

Ellen \. Wright VS.. Fraternities Health
accident Association. Rescript King,
An application for a policy Of insurance
IN an Accident and Health Insurance
Company propounded various questions
70 the applicant and it was stipulated
that if any of the statements represen-
tations or answers made therein were not
true. fun and complete, all rights to the
nun and void.
lnterrogatory s was as follows:
!. HAS any company. society or associa-
ton ever rejected vour application. can
the same or refused compensation for
disability? Ii s. give name and date"
To which the applicant answered no"
The applicant had in fact previously
made q written application to the North
western Mutual Life ms. Go. for a policy
OF insurance upon his life and the =, y
claimed that the beneficiary in this ac-
ton was thereby precludcd from rccov-
cry.
Held:
/. That 1t is incumbent npon the COM
pany which prepares the form Of appli-
cation containing declarations to be made
ana questions to be answered to use
language SO plain and Ineligible that
the ordinary person under the usual cir
cumstances of filling out applications.
can readily comprehend 1t. and that in
employing language liable to be miS,un-
derstood. all doubts must be resolved in
favor of the insured.
That il the words employed. Of
themselves. or in connection with other
language used III the application or III
reference TO the subject matter to winch
they relate. are susceptible of the inter
probation given them by the insured. tn
application will be construed III favor
Of the insured.
3. That in view of all the other inter
ruSatoricS in this case an the subject
matter under consideration. which was
health and accident and not life imsur-
anco, the question susceptible Of
meaning previous applications for health
and accident insurance alone. that the
applicant was therefore warranted in an
swcring as he did in the negative and
that the policy was not thereby rendered
void.
4. That it was not incumbent upon the
plaintiff to maintain that the question
could not be construed TO mean life com
panies, but that it was sufficient for hcr
construction given by the applicant. II
the defendant intended to include lif.,
companies it should have left no doubt
as TO its meaning.
Judgment for the plaintiff for SS3i.5o
and interest from the date of the writ.
mery e T. Whitehou 4e and d1in heab2 h5
the o answer to the Question az as framed
was not true. full and complete as the
insured stipulated it should be.
York County.
Elizabeth B.. Bliss, in Eq. vs.. Samuel
w. Junkins, ct ais. Rescript by Savage,
/. When what. is claimed to be .. nuts
ance already exists, the fact that it is q
nuisance must be established by suit
ut common law before a court of equity
will interfere to abate. unless for some
sufficient reason a remedy at law Ill
not be adequate. =.
.. When, as in this case. under bill
in equity praying that the defendants
be enioined from entering on, or at
land. and from erecting. or maintaining
on the land certain structures complained
Of. it appears that at the time the bill
was brought the defendants had already
entered upon the land. and Il large part,
if not all, of the offending, structures
had already been erected, and it further
appears that the plaintiff had allowed the
work to go on for many weeks without
obiecuon. that u temporary injunction
was not asked for. aud that. OF all
events. the work was al completed be,
fore n hearing on the bill. the bill Will
be dismissed, and the plaintiff RENTED
to Il remedy ut law.
Bill dismissed without prejudice as to
any remedy at law. and with one bill e
costs for the defendants. county commits
sioners. and one bill Of costs for the de-
PENDANTS, sclcctmcn.