Moskowitz v. Prudential Insurance Co. of America

Opinion by

Mr. Justice Allen M. Stearne,

The question presented by this appeal is whether plaintiff is barred from proceeding with the present suit for disability benefits under insurance policies because of a judgment in a former litigation between the same parties on the same policies. The court below ruled that the plaintiff was not barred.

Plaintiff, describing himself as “proprietor of bakery”, was insured by the defendant company on January 21, 1927, by two of its policies, identical in terms. By each policy $5,000 was payable to the insured’s designated beneficiary, but in double the…