Legal Opinion

Isaacs v. Equitable Life Assurance Society of the United States

New York Supreme Court

Decided February 15, 1921Published

Action to recover the proceeds of a policy of life insurance.

1Opinion of the CourtBenedict, J.

This is an action to recover the proceeds of a policy of insurance on the life of Max M. Isaacs, deceased husband of the plaintiff. The defendant resists payment on the ground that the policy never had a valid inception, because the application was never signed by the assured, and because the first premium was not paid at the time of the assured’s death.

Briefly stated the facts were that one Graham, a soliciting agent of defendant, had in December, 1919, obtained from the assured an application for a $3,000 *470policy, which was issued and delivered and the first premium paid. Graham had also…

2Cases cited10 opinions

  1. Bodine v. . Exchange Fire Ins. Co.New York Court of Appeals · 1872
  2. Allen v. German American InsuranceNew York Court of Appeals · 1890
  3. McClelland v. . Mutual Life Ins. Co.New York Court of Appeals · 1916
  4. Whipple v. . Prudential Ins. Co.New York Court of Appeals · 1917
  5. Russell v. Prudential Insurance of AmericaNew York Court of Appeals · 1903

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