Audette v. L'union St. Joseph

178 Mass. 113 (1901)

Facts

Mr. Audette was insured by L'Union (D). Mr. Audette died and before D could honor any claims they needed a sworn statement from a physician. The attending physician refused to issue a sworn certificate because of his conscientious scruples. D refused to honor Mrs. Audette's (P) policy claim. P sued D to collect the death benefits of the policy. Judgment was given to D. P appealed.