List v. Mutual Life Insurance

This case involves the construction of a contract of medical care insurance. The case was submitted on an agreed statement of facts.

The decedent, Irving List, was insured under a policy issued by the defendant. The policy originally provided for $10,000 maximum benefit. The maximum benefit was subsequently increased to $15,000 by rider, effective April 1, 1969.

The policy by its terms caused coverage to cease at age 65. On July 20,1967 a letter was sent by Mutual of New York to all insured New York County Bar Association members informing them that although their major medical coverage…