Legal Opinion
Austrian v. Equitable Life Assurance Society
Appellate Division of the Supreme Court of the State of New York
Decided May 22, 1975PublishedCited by 4 opinions
1Opinion of the CourtMurphy, J.
The instant action was brought to recover an aggregate sum of $11,500 in double indemnity benefits and *145accrued dividends alleged to be due under two identical converted policies of ordinary life insurance issued by defendant in 1928 and 1930 in the original face amounts of $10,000 and $5,000, respectively.
The essential facts (including decedent’s death by accidental means) are undisputed. After 25 years of continuous, uninterrupted premium payments, decedent, an attorney acting on the advice of his partner, requested conversion of each policy, which contained an accidentál death benefit…
2Cases cited7 opinions
- Hartol Products Corp. v. Prudential Insurance Co. of AmericaNew York Court of Appeals · 1943
- Gram v. Mutual Life InsuranceNew York Court of Appeals · 1950
- Royce Furs, Inc. v. Home InsuranceAppellate Division of the Supreme Court of the State of New York · 1968
- Levinson v. Aetna Casualty & Surety Co.Appellate Division of the Supreme Court of the State of New York · 1973
- Cummings v. Phœnix Mutual Life Insurance Co. of HartfordAppellate Division of the Supreme Court of the State of New York · 1937
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Michigan Millers Mutual Insurance v. ChristopherAppellate Division of the Supreme Court of the State of New York · 1979
- Coppotelli v. Insurance Co. of North AmericaDistrict Court, E.D. New York · 1980
- Jenkins v. Empire/Allcity InsuranceAppellate Division of the Supreme Court of the State of New York · 2001
- Lumbermens Mutual Casualty Co. v. Allstate InsuranceNew York Supreme Court · 1978