Levitt v. New York Life Insurance

(dissenting) — While I am disposed to the view that the majority opinion herein reaches the correct result, I cannot agree with some of the language contained therein.

I think that the case is properly reversed because the question, whether or not it was reasonably possible to give notice of disability within one year after default in payment of premiums, is a matter to be decided from the evidence rather than arbitrarily and as a matter of law from the pleadings involved herein.

For example, the majority opinion holds that the default occurred on March 9, 1935. The petition alleges that the…