Legal Opinion
Berkshire Life Insurance v. Fernandez
Appellate Division of the Supreme Court of the State of New York
Decided February 2, 1987PublishedCited by 3 opinions
1Opinion of the Court
*121OPINION OF THE COURT
Mangano, J. P.
The question to be resolved on the instant appeal is whether the limitation period contained in an incontestability clause of an insurance policy is equivalent to a Statute of Limitations, and may therefore be tolled by the insurer for an additional period of 60 days pursuant to CPLR 203 (b) (5) by delivery of the summons and complaint to the appropriate Sheriff. The question must be answered in the affirmative.
I
In November 1982, the defendant Charles A. Fernandez, who lived with his wife at 182 Montgomery Street, Newburgh, New York, in Orange County, applied…
2Cases cited9 opinions
- Killian v. Metropolitan Life InsuranceNew York Court of Appeals · 1929
- Berkshire Life Insurance v. WeinigNew York Court of Appeals · 1943
- Frerk v. Mercy HospitalAppellate Division of the Supreme Court of the State of New York · 1984
- Frerk v. Mercy HospitalNew York Court of Appeals · 1984
- S & J Deli, Ltd. v. New York Property Insurance Underwriting Ass'nAppellate Division of the Supreme Court of the State of New York · 1986
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Allman v. UMG RecordingsDistrict Court, S.D. New York · 2008
- Magee v. Paul Revere Life InsuranceDistrict Court, E.D. New York · 1997
- Schajer v. Northwestern Mutual Life InsuranceNew Jersey Superior Court Appellate Division · 1997