Homer v. . Guardian Mutual Life Ins. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of plaintiff’s testator, entered upon a decision of the court upon trial without a jury. This action was upon a policy of life insurance, issued upon the life of William E. Bunker, and by him assigned to plaintiff’s testator.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of plaintiff’s testator, entered upon a decision of the court upon trial without a jury. This action was upon a policy of life insurance, issued upon the life of William E. Bunker, and by him assigned to plaintiff’s testator. The policy was for the term of the natural life of the insured, and contained a condition forfeiting it and all premiums paid thereon “ in case the premium or premiums shall not be paid to said company on or before the time specified for the…
1Opinion of the CourtAllen, J.
By the contract of insurance, William E. Bunker was insured for the term of his natural life, subject to a forfeiture of his policy and loss of all premiums paid, by the non-payment of the annual premiums at or before the time specified for the payment of the same. It was not a contract for insurance for a single year with liberty to the assured to renew the same from year to year, but a continuous contract for life. (Cohen v. The N. Y. Mutual Life ins. Co., 50 N. Y., 610 ; Scmds v. N. Y. Life Ins. Co., id., 626; Martine v. International Life Ins. Co., 53 id., 339..) The forfeiture, the…
2Cases cited5 opinions
- Bodine v. . Exchange Fire Ins. Co.New York Court of Appeals · 1872
- Cohen v. . N.Y. Mutual Life Insurance Co.New York Court of Appeals · 1872
- Shearman v. . the Niagara Fire Ins. Co.New York Court of Appeals · 1871
- Smith v. WeedNew York Supreme Court · 1838
- Boutwell v. O'KeefeNew York Supreme Court · 1860
3Cited by34 opinions
- Knarston v. Manhattan Life InsuranceCalifornia Supreme Court · 1903
- Lantz v. Vermont L. Ins.Supreme Court of Pennsylvania · 1891
- Michigan Mutual Life Insurance v. CusterIndiana Supreme Court · 1891
- Dulberg v. Equitable Life Assurance Society of the United StatesNew York Court of Appeals · 1938
- Murphy v. Lafayette Mutual Life InsuranceSupreme Court of North Carolina · 1914
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