Legal Opinion
Loss v. Mutual Life Insurance Co. of New York
District Court, S.D. New York
Decided July 22, 1963PublishedCited by 5 opinions
1Opinion of the Court
McLEAN, District Judge.
This is an action to recover the face amount, less an outstanding loan, of a life insurance policy issued by defendant upon the life of plaintiff’s late husband, William Loss. Plaintiff is the beneficiary named in the policy. The defense is that the policy lapsed prior to the death of the insured because of his failure to pay premiums. Jurisdiction is based upon diversity of citizenship. The parties have stipulated that New York law applies.
There is no dispute as to the relevant facts, which I find to be as follows.
On October 29, 1956, defendant issued a term life…
2Cases cited12 opinions
- Meyer v. . Knickerbocker Life Ins. Co.New York Court of Appeals · 1878
- Nederland Life Insurance v. MeinertSupreme Court of the United States · 1905
- Meeder v. Provident Savings Life Assurance SocietyNew York Court of Appeals · 1902
- Manufacturers Trust Co. v. Equitable Life Assurance Society of the United StatesAppellate Division of the Supreme Court of the State of New York · 1935
- Aetna Life Insurance Company v. EilersCourt of Appeals of Texas · 1963
7 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- The First National Bank of Pennsylvania, Trustee v. The Lincoln National Life Insurance CompanyCourt of Appeals for the First Circuit · 1987
- Great Horizons Development Corp. v. Massachusetts Mutual Life InsuranceDistrict Court, N.D. Indiana · 1978
- Lebovits v. PHL Variable Insurance Co.District Court, E.D. New York · 2016
- First United Life Insurance v. Northern Indiana Bank & Trust Co.Indiana Court of Appeals · 1983
- Phyllis W. Loss v. The Mutual Life Insurance Company of New YorkCourt of Appeals for the Second Circuit · 1964