Legal Opinion

Feldman v. Metropolitan Life Insurance

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

Decided March 15, 1940PublishedCited by 35 opinions

1Opinion of the CourtDore, J.

The issue on this appeal is whether a defense of laches was properly stricken out as insufficient in law.

The action is in equity to rescind and cancel a life insurance policy reduction from $25,000 to $10,000 and for reinstatement of the $25,000 policy on the ground of alleged mistake when the reduction was made. The $25,000 policy, containing disability and other benefits, was issued March 7,1919.; reduction to a $10,000 policy was made at the insured’s request on April 25, 1930. In February, 1932, the insured claimed total and permanent disability under the new policy; defendant recognized…

2Cases cited8 opinions

  1. Pollitz v. . Wabash R.R. Co.New York Court of Appeals · 1912
  2. Calhoun v. . MillardNew York Court of Appeals · 1890
  3. Coit v. . Campbell, Etc.New York Court of Appeals · 1880
  4. Groesbeck v. . MorganNew York Court of Appeals · 1912
  5. Seligson v. WeissAppellate Division of the Supreme Court of the State of New York · 1928

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3Cited by35 opinions

  1. Saratoga County Chamber of Commerce, Inc. v. PatakiNew York Court of Appeals · 2003
  2. Brown v. LockwoodAppellate Division of the Supreme Court of the State of New York · 1980
  3. Rudman v. Cowles Communications, Inc.New York Court of Appeals · 1972
  4. Krieger v. KriegerNew York Court of Appeals · 1969
  5. Sorrentino v. MierzwaNew York Court of Appeals · 1969

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