Legal Opinion

Kaplan v. Equitable Life Assurance Society

New York Supreme Court

Decided November 28, 1940PublishedCited by 8 opinions

1Opinion of the CourtShientag, J.

Plaintiff and defendant move for summary judgment. The facts are in the main undisputed. The action is by the plaintiff as assignee of a policy of life insurance, issued by the defendant on the life of one Gustave Breslauer, now (deceased, in the sum of $10,000, to recover that amount, and also the sum of $3,200, representing disability benefits claimed to have become due January 1, 1934, and monthly thereafter up to the death of the insured.

The policy in suit was issued April 18, 1928, and included provisions for double indemnity and for disability benefits. At the option of the insured,…

2Cases cited4 opinions

  1. Adam v. . Manhattan Life Ins. Co.New York Court of Appeals · 1912
  2. Copp v. New York Life InsuranceNew York Supreme Court · 1934
  3. Starker v. Prudential Insurance of AmericaAppellate Division of the Supreme Court of the State of New York · 1935
  4. Copp v. New York Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1935

3Cited by8 opinions

  1. Myra Strassberg v. New England Mutual Life Insurance CompanyCourt of Appeals for the Ninth Circuit · 1978
  2. First National Bank of Decatur v. Mutual Trust Life InsuranceIllinois Supreme Court · 1988
  3. Manfredonia v. American Airlines, Inc.Appellate Division of the Supreme Court of the State of New York · 1979
  4. First Nat'l Bk. v. Mut. Tr. Life Ins. Co.Illinois Supreme Court · 1988
  5. Guardian Life Insurance Co. of America v. Goduti-MooreDistrict Court, D. New Jersey · 1999

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