Sullivan v. Prudential Insurance Co. of America
New York Court of Appeals
Appeal from a judgment of the Appellate Division, of the Supreme Court in the second judicial department, entered August 2, 1901, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court.
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Appeal from a judgment of the Appellate Division, of the Supreme Court in the second judicial department, entered August 2, 1901, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. The action was brought by the assignee of a policy of insurance, issued by the defendant upon the life of Patrick J. McGuinness, who died on April 3d, 1895. The defense interposed by the answer, and which furnished the issue for trial, was that the action had not been commenced within six months after the decease of McGuinness, the insured. The clause of the policy, upon which…
1Opinion of the CourtGray, J.
The only question for our consideration is whether the defendant was estopped by its conduct from insisting upon the limitation clause in the policy and had, thereby, waived the same. The plaintiff claims, and her claim in that respect has been sustained below, that the retention by the defendant of the policy, and of the documents connected therewith and with the proofs of death, justified her in the assumption and misled her into the belief that its provisions would be waived.
The right of the parties, by their written contract, to prescribe a shorter limitation for its enforcement than that…
2Cases cited2 opinions
- Wilkinson v. First National Fire Insurance Co. of WorcesterNew York Court of Appeals · 1878
- Arthur v. . Homestead Fire Ins. Co.New York Court of Appeals · 1879
3Cited by6 opinions
- Caywood v. Supreme Lodge, Knights & LadiesIndiana Supreme Court · 1908
- Tolmie v. Fidelity & Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Schlitz v. Lowell Mutual Fire InsuranceSupreme Court of Vermont · 1923
- Strzelicka v. Chicago Fraternal Life Ass'nNew York Supreme Court · 1931
- Klemitt Construction Corp. v. Board of EducationNew York Supreme Court · 1957
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