Legal Opinion

Pearlstein v. New York Life Insurance

Appellate Terms of the Supreme Court of New York

Decided January 27, 1949Published

1Opinion of the CourtHecht, J.

In February, 1924, defendant issued to plaintiff’s husband its policy of life insurance in the face amount of $2,500. The policy contained the following disability benefit provisions:

“ New York Life Insurance Company agrees to Pay to the Insured
“ A Monthly Income of Twenty-Five Dollars, and to waive payment of premiums under the said policy, as hereinafter provided, upon receipt of due proof that the Insured is totally and presumably permanently-, disabled before age 60, as hereinafter defined. * * *
“ Upon receipt at the Company’s Home Office, before default in payment of premium under the…

2Cases cited21 opinions

  1. Bergholm v. Peoria Life Ins. Co.Supreme Court of the United States · 1932
  2. Janneck v. Metropolitan Life InsuranceNew York Court of Appeals · 1900
  3. Whiteside v. North American Accident InsuranceNew York Court of Appeals · 1911
  4. Mansbacher v. Prudential Insurance Co. of AmericaNew York Court of Appeals · 1937
  5. Minnesota Mut. Life Ins. Co. v. MarshallCourt of Appeals for the Eighth Circuit · 1928

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