John Hancock Mutual Life Insurance Co. v. Cohen
United States Court of Appeals, Ninth Circuit
254 F.2d 417 (1958)
John Hancock Mutual Life Insurance Co. (Insurance Company) (defendant) issued a policy naming Cohen (plaintiff) as beneficiary, obligating monthly installments for 20 years plus a final $5,000 lump sum; after the insured died in 1945, the Insurance Company paid installments for 15 years, delivered the final $5,000 payment, and then refused further payments, arguing the 20-year term was a mutual mistake and both parties really intended only 15 years of coverage. Cohen sued for the remaining balance, the trial court found no mistake in the 20-year term and awarded Cohen an immediate lump-sum payment of all future installments (totaling $8,000 with the earlier $5,000), and the Insurance Company appealed.
Whether the doctrine of anticipatory breach applies to suits to enforce contracts for the future payment of money only, in installments or otherwise.