Legal Opinion
Marciano v. Metropolitan Life Insurance
New York Supreme Court
Decided February 24, 1943PublishedCited by 4 opinions
1Opinion of the CourtPatterson, J.
It is apparently the well-settled law of this State that where an insurance company refuses to make disability payments under a life insurance contract, no action at law to recover damages in futuro on the theory of anticipatory breach will lie. (Robins v. Travelers Ins. Co., 242 App. Div. 816; Kelly v. Security Mutual Life Ins. Co., 186 N. Y. 16; Killian v. Metropolitan Life Ins. Co., 251 N. Y. 44.)
In my opinion, the decision of the Court of Appeals in Gold-stein v. Connecticut General Life Ins. Co. (273 N. Y. 578) does not alter this rule. In that case, the action was one in equity for…
2Cases cited4 opinions
- Killian v. Metropolitan Life InsuranceNew York Court of Appeals · 1929
- Kelly v. . Security Mutual Life Ins. Co.New York Court of Appeals · 1906
- Goldstein v. Connecticut General Life InsuranceNew York Court of Appeals · 1937
- Robbins v. Travelers InsuranceAppellate Division of the Supreme Court of the State of New York · 1934
3Cited by4 opinions
- McCann v. John Hancock Mutual Life InsuranceNew York Supreme Court · 1964
- Bell v. Mutual Benefit Health & Accident Ass'n of OmahaNew York Supreme Court · 1959
- Gilbert v. BurnsideAppellate Division of the Supreme Court of the State of New York · 1958
- Lauro v. Metropolitan Life Ins.District Court, D. New Jersey · 1948