Legal Opinion

Strauss v. . Union Central Life Ins. Co.

New York Court of Appeals

Decided April 1, 1902PublishedCited by 28 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered April 30, 1901, affirming a judgment in favor of plaintiff entered upon a decision of the court' on trial at Special Term. • The nature of the action and the facts, so far as material, are stated in the opinion.

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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered April 30, 1901, affirming a judgment in favor of plaintiff entered upon a decision of the court' on trial at Special Term. • The nature of the action and the facts, so far as material, are stated in the opinion. The premium notice statute of Hew York only requires notice to he given of stated payments due on the policy, and has no application to a note given for or in settlement of a premium. (DeFrece v. Ins. Co., 136 N. Y. 144; People v. K. L. Ins. Co., 103 N. Y. 480; Merriam, v.…

1Opinion of the CourtO’Brien, J.

The plaintiff’s action is an appeal to the equitable jurisdiction of the court to reinstate a life insurance policy of which lie was the assignee, and which the defendant refused to recognize as an existing contract, on the ground that it had been forfeited for non-payment of premiums. On the 15th day of August, 1893, the defendant, a foreign corporation, issued a policy to one Isaac Levy for $10,000 upon his life. The defendant agreed to pay the insured, or his personal representatives, the sum insured at his death, or whenever the premiums paid on the policy and its equitable proportion of…

2Cited by28 opinions

  1. Matter of Post v. . Burger GohlkeNew York Court of Appeals · 1916
  2. Archer v. Equitable Life Assurance Society of the United StatesNew York Court of Appeals · 1916
  3. In Re the Arbitration Between Geneseo Central School & Perfetto & Whalen Construction Corp.New York Court of Appeals · 1981
  4. Guardian Trust Co. v. StrausAppellate Division of the Supreme Court of the State of New York · 1910
  5. Trizzano v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 2004

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