Legal Opinion
In Re the Accounting of McLaughlin
New York Court of Appeals
Decided December 3, 1942PublishedCited by 5 opinions
1Opinion of the Court
Order affirmed, with costs, upon the ground that the insurer, by the payment of death benefits due under its contract of insurance, must be deemed to have waived all questions of law or fact, except fraud, relating to the contract and which, by the exercise of reasonable inquiry, might have been raised at the time of such payment or prior thereto (National Life Ins. Co. v. Minch, 53 N. Y. 144, 151; Mutual Life Ins. Co. v. Wager, 27 Barb. 354, 368, 369; and see Couch Cyclopedia of Insurance Law, vol. 8, § 1954, p. 6497). No opinion.
Concur: Lotjghran, Finch, Rippey, Lewis, Conway and Desmond,…
2Cases cited2 opinions
- National Life Ins. Co. v. . MinchNew York Court of Appeals · 1873
- Mutual Life Insurance v. WagerNew York Supreme Court · 1858
3Cited by5 opinions
- New York Life Insurance v. VeitNew York Court of Appeals · 1945
- Schwartz v. Equitable Life Assurance Society of the United StatesAppellate Division of the Supreme Court of the State of New York · 1943
- In Re the Accounting of McLaughlinNew York Court of Appeals · 1943
- New York Life Insurance v. VeitAppellate Division of the Supreme Court of the State of New York · 1944
- New York Life Insurance v. VeitAppellate Division of the Supreme Court of the State of New York · 1944