would be sent to the home office of the company in New Jersey for the issuance of the policy and for the policy to be sent to the agent in Boston to be countersigned.' No additional information was required of the deceased. 'Upon receipt of applications they would be looked over by the agent, and unless further information was required. 'The agent had full authority to act for the company in the solicitation and procurement of business and writing of insurance policies for the company.' The agent furnished printed application forms. He was one of six hundred eighty members of the Advertising Club of Boston, a group which had been solicited by the agent to purchase insurance contracts. Bernstein died on January 1, 1951, as a result of an automobile accident (which by the death certificate, in evidence, occurred on December 30, 1950). The findings of material facts may be summarized as follows: The policy was applied for by one Charles Bernstein on November 16, 1950, and issued on January 2, 1951. The case is here on the plaintiffs' exceptions to action on requested rulings and to the denial of a motion to vacate the findings and for a rehearing. The trial judge found for the defendants on all the counts and made findings of material facts. The fifth count asserts the claim of the beneficiary under the policy. There are like counts against the company. The declaration states a count in contract against the agent for breach of an agreement to act promptly to cause *439 the issuance of the policy and a count in tort for negligent failure to do so. The defendants are the alleged insurer and its general agent in Boston. The action is brought by the administrator de bonis non of the estate of the named insured and by the chief beneficiary named in the policy. This is an action in contract or tort, tried to a judge without a jury, to recover the face amount of an accident and health insurance policy. Present: WILKINS, C.J., WILLIAMS, COUNIHAN, WHITTEMORE, & CUTTER, JJ.

Supreme Judicial Court of Massachusetts, Suffolk.

Binder v. aetna life insurance brief