Nash v. New York Life Ins. Co.

Plaintiff, insured by defendant, sued to recover damages resulting from an automobile accident and return premium upon the surrender of his policy. The defendant claimed no proper proofs of loss were submitted by plaintiff to defendant, and later moved to dismiss plaintiff’s suit because July 10,1933, plaintiff surrendered his policy and received the cash surrender value thereof. There was judgment for plaintiff, and defendant appeals.

The controlling questions are, whether the proof will-sustain the judgment; and whether plaintiff was entitled to recover at all, having surrendered his policy…