Steinbach v. Prudential Insurance Co. of America
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Prudential Insurance Company of America, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 9th day of July, 1900, upon the decision of the court rendered after a trial at the New York Special Term, reforming the policy of insurance set forth in the complaint by striking therefrom the words “ unto the executors, administrators or assigns of the person named as the…
Read the full summary
Appeal by the defendant, The Prudential Insurance Company of America, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 9th day of July, 1900, upon the decision of the court rendered after a trial at the New York Special Term, reforming the policy of insurance set forth in the complaint by striking therefrom the words “ unto the executors, administrators or assigns of the person named as the insured in this policy,” and by. substituting in place thereof the words “ unto Caroline Lampp (the plaintiff), her…
1Opinion of the Court
Laughlin, J.:
The trial court upon this evidence found that plaintiff was not designated as beneficiary in this policy through mistake or fraud of defendant or its officers or agents, and that the policy was accepted by plaintiff by mistake and upon the supposition and in the belief that it was payable to her.
The policy as issued did not express the contract as made, and the defendant gave no explanation as to how it came to make the policy payable to Fehrman’s estate. It being within the power of the company, by calling its local agent or otherwise, to show its' authority for issuing the…
2Cases cited7 opinions
- Hay v. . Star Fire Insurance CompanyNew York Court of Appeals · 1879
- Maher v. . Hibernia Insurance Co.New York Court of Appeals · 1876
- Stewart v. . Union Mutual Life Ins. Co.New York Court of Appeals · 1898
- McGuire v. Hartford Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1896
- Universal Fashion Co. v. SkinnerNew York Supreme Court · 1892
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Charles J. King, Inc. v. UNITED STATES F. & G. CO., BALTIMORE, MD.District Court, S.D. New York · 1967
- Walsh v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1905
- Metzger v. Ætna InsuranceAppellate Division of the Supreme Court of the State of New York · 1919
- Steinbach v. Prudential Insurance Co. of AmericaAppellate Division of the Supreme Court of the State of New York · 1904
- Dougherty v. Lion Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1904
1 more not listed; retrieve them via the Exa API.