Attorney-General v. Guardian Mutual Life Insurance
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the third judicial department, affirming an order of the Special Term, confirming the report of the referee to whom it was referred, to pass upon the validity of claims against said The Guardian Mutual Life Insurance Company, so far as said report allowed certain death claims, which are sufficiently described in the opinion.
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Appeal from order of the General Term of the Supreme Court, in the third judicial department, affirming an order of the Special Term, confirming the report of the referee to whom it was referred, to pass upon the validity of claims against said The Guardian Mutual Life Insurance Company, so far as said report allowed certain death claims, which are sufficiently described in the opinion. The rights of a policy-holder against a company whose action has prevented his performance of his part of the contract differ from those of one in a company which has been dissolved. (Lancaster Case, 78, 89;…
1Opinion of the CourtEarl, J.
The respondents represent claims upon policies which were running at the date of the appointment of the receiver, and upon which premiums had been paid to some time subsequent to such date. The persons insured by such policies died subsequent to the appointment of the receiver not only, but subsequent also to the time to which premiums had been paid, and in the latter respect these claims differ from that upon the Lockwood policy in the case of People v. The Security Life Ins. & Ann. Co. (78 N. Y. 129). It is contended that these claims are not within the principles laid down by us in that…
2Cases cited1 opinion
- People v. Security Life Insurance & Annuity Co.New York Court of Appeals · 1879
3Cited by12 opinions
- Toplitz v. . BauerNew York Court of Appeals · 1900
- People v. Commercial Alliance Life InsuranceNew York Court of Appeals · 1897
- Langan v. American Legion of HonorNew York Supreme Court · 1901
- Michel v. Southern Ins.Supreme Court of Louisiana · 1911
- Hyde v. Equitable Life Assurance Society of United StatesNew York Supreme Court · 1908
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