Legal Opinion
Schloss v. Fidelity Mutual Life Insurance
New York Supreme Court
Decided June 21, 1948PublishedCited by 6 opinions
1Opinion of the CourtPecora, J.
In this action for declaratory judgment plaintiffs have moved for judgment on the pleadings under rule 112 of the Rules of Civil Practice. The undisputed and admitted facts present solely a question of law regarding the construction of two insurance policies, which are identical in terms although different in amount. Plaintiffs are husband and wife. The husband in 1919 obtained two policies of life insurance from defendant. These policies matured on November 25,1947. On November 15,1947, the insured wrote to defendant, seeking to exercise option 1 in the policy which provides for leaving the…
2Cases cited5 opinions
- Miller v. . CampbellNew York Court of Appeals · 1893
- Travelers' Insurance v. HealeyAppellate Division of the Supreme Court of the State of New York · 1898
- McDonnell v. Mutual Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1909
- Travelers' Insurance Company v. . HealeyNew York Court of Appeals · 1900
- Anderberg v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1945
3Cited by6 opinions
- Tuchman v. Public Service Mutual InsuranceCivil Court of the City of New York · 1976
- Feltenstein v. Travelers Indemnity Co.Civil Court of the City of New York · 1964
- Korzinek v. POSTAL LIFE INSURANCE COMPANYDistrict Court, S.D. New York · 1964
- Schloss v. Fidelity Mutual Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1948
- John Gordon Morgan v. E. J. Evans CompanyCourt of Appeals for the Fifth Circuit · 1959
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