<p>(1) Conversion. Insurance Policy. Measure of Damages.</p> <p>In an action of trover for the conversion of a matured policy of insurance, where the form of the policy made it payable to any person who had incurred expense on behalf of the insured, which defendant claimed to have done, the measure of damages is prima facie the face of the policy.</p>
Cited by 1 later decisions — most recently May 1921
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Heard on petition of defendant for new trial, and… · Decided 1903-12-16
¶1
(1)
The jury found that the defendant had converted a certain policy of insurance for one hundred and eleven dollars, upon the life of William J. Stafford, deceased, and assessed damages in the sum of $100, being the
ad damnum
laid in the writ.
¶2
The court instructed the jury that the measure of damages
*489
for the conversion of a matured policy of insurance was
prima facie
the face of the policy.
Page & Page & Cushing,
for plaintiff.
Hugh J. Carroll,
for defendant.
¶4
In the case at bar the form of the policy maile it payable to any person who had incurred expense on behalf of the insured, as the defendant claimed he had done. If the jury, therefore, had found in his favor, he could have collected the face of the policy, and the rule was properly applied.
¶5
The petition for a new trial is denied, and the case will be remitted to the Common Pleas Division for judgment upon the verdict.
