Legal Opinion
Mutual Life Insurance Company of New York v. Simon
District Court, S.D. New York
Decided May 10, 1957PublishedCited by 4 opinions
1Opinion of the Court
DAWSON, District Judge.
This action is brought by the Mutual Life Insurance Company of New York (hereinafter referred to as Mutual) to reform a policy issued to Herman Simon in 1944. Reformation is sought on the ground that as a result of a scrivener’s error the policy recites $57,098.26 instead of $5,798.26 as the “Single Sum” payable when the insured becomes 65 years old and his rights to the endowment annuity mature.
There is no dispute as to the material facts. On December 7, 1944, Herman Simon, residing in Los Angeles, California, submitted an insurance application to Mutual through a…
2Cases cited25 opinions
- Auten v. AutenNew York Court of Appeals · 1954
- Matter of Met. Life Ins. Co. v. ConwayNew York Court of Appeals · 1930
- Lemoge Electric v. County of San MateoCalifornia Supreme Court · 1956
- Cahill v. Superior Court of S.F.California Supreme Court · 1904
- Columbian Nat. Life Ins. Co. v. BlackCourt of Appeals for the Tenth Circuit · 1929
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3Cited by4 opinions
- Klein v. TabatchnickDistrict Court, S.D. New York · 1976
- Modica v. Hartford Accident & Indemnity Co.California Court of Appeal · 1965
- Schaefer v. California-Western States Life InsuranceCalifornia Court of Appeal · 1968
- Esperanza Olivas, Plaintiff-Counter-Defendant-Appellant v. Itt Hartford Life and Annuity Insurance Company, Defendant-Counter-Plaintiff-AppelleeCourt of Appeals for the Ninth Circuit · 1995