Legal Opinion

Fredella v. Prudential Insurance Co. of America

Appellate Division of the Supreme Court of the State of New York

Decided December 18, 1939Published

1Opinion of the CourtO’Malley, J.

The question presented is whether, in this action to recover upon three policies of life insurance issued by defendant upon the life of plaintiff’s intestate, the plaintiff at the close of the entire case had established a prima facie cause of action.

The policies, three in number, were so-called “ industrial policies,” each in the sum of $500. Each provided that it was not to take effect “ if the Insured die before the date hereof, or if on such date the Insured be not in sound health.”

It is conceded that the insured signed the three applications, one for each policy, and that on the date of…

2Cases cited6 opinions

  1. Bible v. John Hancock Mutual Life InsuranceNew York Court of Appeals · 1931
  2. Abbott v. Prudential Insurance Co. of AmericaNew York Court of Appeals · 1939
  3. Coutant v. . MasonNew York Court of Appeals · 1917
  4. Hoffman v. Florida East Coast Hotel Co.Appellate Division of the Supreme Court of the State of New York · 1919
  5. Bluestein v. Prudential Insurance Co. of AmericaCity of New York Municipal Court · 1935

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