Legal Opinion

White v. Prudential Insurance Co. of America

Appellate Division of the Supreme Court of the State of New York

Decided June 14, 1907PublishedCited by 6 opinions

' Appeal by the defendant, The Prudential Insurance Company ' of America, from a judgment of the. Supreme -Court in favor of ■the .plaintiff, entered in the-office of the clerk of the county of New York on the 1st day of December, 1906, upon the verdict of a jury, and -also from- an order entered in said clerk’s office on the 3d day of December, 1906, denying the defendant’s motion for a new . trial made upon, the: minutes.

1Opinion of the Court

Laughlin, J.:

' This is an action on a policy of insurance, issued by the defendant on the 16th day of February, 1903, on the life of Louise L. Buxton, by which tile defendant agreed to pay the plaintiff $500 on her death in accordance with the ■ provisions of the policy. *261Under the head “ Provisions ” ■ th.e policy contained a clause, as follows :

“ Suicide.— If within one year from, the date hereof the Insured shall die. by suicide — whether sane or insane — or in consequence of his (or liér) own criminal'action the liability of the Company shall not exceed the amount of the premiums paid on…

2Cases cited4 opinions

  1. Travellers' Insurance v. McConkeySupreme Court of the United States · 1888
  2. Goldschmidt v. . Mutual Life Ins. Co.New York Court of Appeals · 1886
  3. Johns v. Northwestern Mutual Relief Ass'nWisconsin Supreme Court · 1895
  4. Pagett v. Connecticut Mutual Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1900

3Cited by6 opinions

  1. Massachusetts Mutual Life Insurance Company v. Thomas E. BreiCourt of Appeals for the Second Circuit · 1962
  2. Herschkowitz v. Mutual Life InsuranceAppellate Terms of the Supreme Court of New York · 1916
  3. Fink v. New York Life InsuranceCity of New York Municipal Court · 1936
  4. Jones v. Poinciana Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1944
  5. Mandi v. Metropolitan Life InsuranceCity of New York Municipal Court · 1932

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