Legal Opinion
In Re the Accounting of Schrauth
New York Court of Appeals
Decided January 5, 1972PublishedCited by 8 opinions
1Opinion of the CourtGibson, J.
The appeal requires us to determine the rights of a trustee and the trust remaindermen as against an insurer, under a life insurance policy assigned to the trustee by the insured. More particularly, the issue concerns the effect of the insurer’s purported but concededly void rescission of the policy, without notice to the assignee, and the omission of the insurer, in apparent reliance upon its ineffective rescission, to give notice to the assignee of premiums subsequently becoming due. The issue was decided in this accounting proceeding brought by the trustee in the Surrogate’s Court and the…
2Cases cited10 opinions
- Whitehead v. . New York Life Ins. Co.New York Court of Appeals · 1886
- Knickerbocker Life Insurance v. PendletonSupreme Court of the United States · 1884
- Smith v. . MillerNew York Court of Appeals · 1870
- Homer v. . Guardian Mutual Life Ins. Co.New York Court of Appeals · 1876
- Stilwell v. . Mutual Life Insurance Co.New York Court of Appeals · 1878
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Tracy v. William Penn Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1996
- Taft v. Equitable Life Assurance Society of the United StatesAppellate Division of the Supreme Court of the State of New York · 1991
- Halberstam v. Allianz Life Ins. Co. of N. Am.District Court, E.D. New York · 2018
- Margulis v. William Penn Ass'nCivil Court of the City of New York · 1984
- Reich v. Bankers Life & Casualty Co.New York Supreme Court · 1983
3 more not listed; retrieve them via the Exa API.