JOHN HANCOCK MUTUAL LIFE INSURANCE CO. V. COHEN
254 F.2d 417 (1958)
NATURE OF THE CASE: This was a dispute over a life insurance policy. John Hancock (D) appealed a judgment, which held in favor of Cohen (P), that D breached its contract to provide life insurance to P's husband. P cross-appealed the portion of the judgment that refused to award damages for breach of an alleged warranty against having to employ any firm or persons to collect on the contract.
FACTS: An insured that died in February, 1945 was protected by a life insurance policy issued by John Hancock (D). The policy contained a family income benefit under which the Plaintiff-beneficiary (P) was to receive monthly benefits for 20 years from the date the policy was issued (1939) and a final lump sum payment of $5,000. D made monthly payments for 15 years and then tendered the lump sum payment. D refused to make the remaining payments on the ground that the parties intended protection for 15 years. The lower court found for P and held that D anticipatorily repudiated the contract. P got a judgment for $8,000. D and P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND
DECISION:
LEGAL ANALYSIS:
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