Legal Opinion

Murphy v. Colonial Life Ins. Co. of America

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

Decided May 15, 1914No. 5764PublishedCited by 6 opinions

Appeal from Appellate Term, First Department. Action by Mary Murphy against the Colonial Life Insurance Company of America. From a determination of the Appellate Term (83 Misc. Rep. 475, 145 N. Y. Supp. 196), affirming a judgment of the Municipal Court for plaintiff, defendant appeals.

1Per curiam

The policy contains the express provision that:

“If the insured shall die within six calendar months from the date hereof the company will pay only one-half of this sum. After six months from this date the policy will be in force for the full amount.”

The policy was dated the 28th of October, 1912, and the deceased died in January, 1913. Under this policy, therefore, but one-half of the amount insured was payable. We agree with the Appellate Term in the construction of section 58 of the Insurance Law.

The determination and judgment are therefore modified, by reducing the judgment accordingly,…

2Cited by6 opinions

  1. Archer v. Equitable Life Assurance Society of United StatesAppellate Division of the Supreme Court of the State of New York · 1916
  2. Goldstein v. New York Life InsuranceNew York Supreme Court · 1928
  3. Mees v. Pittsburgh Life & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1915
  4. Moore v. Prudential Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1916
  5. Archer v. Equitable Life Assur. SocietyAppellate Division of the Supreme Court of the State of New York · 1915

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