Legal Opinion
Fenster v. New York Life Insurance
New York Supreme Court
Decided November 8, 1946PublishedCited by 3 opinions
1Opinion of the CourtNull, J.
The anniversary date of the policy in suit was March 7th. The policy lapsed upon the failure to pay the installment of premium which became due on September 7,1943. The lapse, therefore, occurred at a date intermediate to two anniversary dates of the policy and before all premiums for the current policy year had been completed.
In these circumstances, neither the applicable statutes nor the provisions of the policy required the defendant to apportion to the policy any part of its accumulated surplus as of the date of lapse whether by credit to the policy reserve or by payment in the nature of…
2Cases cited8 opinions
- Williams v. Union Central Life InsuranceSupreme Court of the United States · 1934
- United States Life Ins. v. SpinksCourt of Appeals of Kentucky · 1906
- Jefferson v. New York Life InsuranceCourt of Appeals of Kentucky · 1913
- Manufacturers Trust Co. v. Equitable Life Assurance Society of the United StatesAppellate Division of the Supreme Court of the State of New York · 1935
- Baker v. Equitable Life Assurance Society of the United StatesNew York Court of Appeals · 1942
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3Cited by3 opinions
- Oil Well Supply Co. v. New York Life Ins. Co.Supreme Court of Louisiana · 1949
- Kern v. John Hancock Mutual Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1959
- Fenster v. New York Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1947