Uploaded March 2025 | Updated September 2026, 3 weeks ago
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Cobb v. Pacific Mutual Life Insurance Co.
California Supreme Court
51 P.2d 84 (1935)
Obtaining insurance secures the peace of mind for the insured that comes with preparing for potential disasters ahead.
But in Cobb versus Pacific Mutual Life Insurance Company, the insurer reneged on the deal when the time came for it to pay up.
Pacific issued Augustus Cobb a disability insurance policy that promised to pay Cobb two hundred and fifty dollars a month during any period of complete disability.
Before issuing the policy, Pacific required Cobb to undergo a medical examination.
Cobb gave wrong answers to some of the examiner's questions and failed to disclose certain facts.
Two years later, Cobb became completely and permanently disabled. Cobb notified Pacific and demanded monthly payments under the policy. Pacific repudiated the contract and refused to pay, alleging that Cobb had made fraudulent misrepresentations and failed to disclose material information.
Pacific offered to refund Cobb's premium payments with interest.
Cobb sued Pacific, seeking indemnity payments of two hundred and fifty dollars per month and a lump sum of approximately fifty four thousand dollars, representing the monthly payment over the remainder of Cobb's expected life.
Following a trial, the jury returned a verdict in Cobb's favor. The trial court found that although Cobb had given some incorrect answers about his health and failed to disclose certain facts, none of the erroneous errors or omissions were material to Pacific's coverage decision or made with intent to deceive.
Concluding that Pacific had breached the contract, the trial court awarded damages of approximately thirty thousand dollars, representing the sum of two hundred fifty dollars a month for the period of Cobb's fifteen year life expectancy adjusted to present value.
Pacific appealed to the California Court of Appeal.
That court reversed, finding that Pacific hadn't committed an anticipatory breach of contract. The appellate court, therefore, also reversed the damage award and ordered Pacific to pay Cobb only the total accrued monthly installments.
The California Supreme Court granted Cobb's petition for review.
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Get more case briefs explained with Quimbee. Quimbee has over 42,700 case briefs (and counting) keyed to 988 casebooks ► quimbee.com/case-briefs-overview
Cobb v. Pacific Mutual Life Insurance Co.
California Supreme Court
51 P.2d 84 (1935)
Obtaining insurance secures the peace of mind for the insured that comes with preparing for potential disasters ahead.
But in Cobb versus Pacific Mutual Life Insurance Company, the insurer reneged on the deal when the time came for it to pay up.
Pacific issued Augustus Cobb a disability insurance policy that promised to pay Cobb two hundred and fifty dollars a month during any period of complete disability.
Before issuing the policy, Pacific required Cobb to undergo a medical examination.
Cobb gave wrong answers to some of the examiner's questions and failed to disclose certain facts.
Two years later, Cobb became completely and permanently disabled. Cobb notified Pacific and demanded monthly payments under the policy. Pacific repudiated the contract and refused to pay, alleging that Cobb had made fraudulent misrepresentations and failed to disclose material information.
Pacific offered to refund Cobb's premium payments with interest.
Cobb sued Pacific, seeking indemnity payments of two hundred and fifty dollars per month and a lump sum of approximately fifty four thousand dollars, representing the monthly payment over the remainder of Cobb's expected life.
Following a trial, the jury returned a verdict in Cobb's favor. The trial court found that although Cobb had given some incorrect answers about his health and failed to disclose certain facts, none of the erroneous errors or omissions were material to Pacific's coverage decision or made with intent to deceive.
Concluding that Pacific had breached the contract, the trial court awarded damages of approximately thirty thousand dollars, representing the sum of two hundred fifty dollars a month for the period of Cobb's fifteen year life expectancy adjusted to present value.
Pacific appealed to the California Court of Appeal.
That court reversed, finding that Pacific hadn't committed an anticipatory breach of contract. The appellate court, therefore, also reversed the damage award and ordered Pacific to pay Cobb only the total accrued monthly installments.
The California Supreme Court granted Cobb's petition for review.
Want more details on this case? Get the rule of law, issues, holding and reasonings, and more case facts here: quimbee.com/cases/cobb-v-pacific-mutual-life-insurance-co
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Subscribe to our YouTube Channel ► youtube.com/subscription_center?add_user=QuimbeeDotCom
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