Legal Opinion
Rawlings v. Prudential Insurance
Appellate Division of the Supreme Court of the State of New York
Decided February 17, 1939PublishedCited by 2 opinions
1Opinion of the CourtDavis, J.
The action is brought to recover on an industrial policy of life insurance for $1,000, containing the usual “ facility of payment ” clause, issued on the life, of William K. Bretherton. It contained a provision for double indemnity in case of accidental death. No beneficiary was named therein.
The plaintiff and Bretherton entered into a so-called common-law marriage in 1928. It was not a valid marriage, although the parties evidently in good faith believed it to be, for they were employed in public institutions and lived together, with the plaintiff occupying a responsible position.
The policy…
2Cases cited5 opinions
- Shea v. United States Industrial InsuranceAppellate Division of the Supreme Court of the State of New York · 1897
- McCarthy v. Prudential Insurance Co. of AmericaNew York Court of Appeals · 1930
- In re BerardiniAppellate Division of the Supreme Court of the State of New York · 1933
- Zornow v. Prudential InsuranceAppellate Division of the Supreme Court of the State of New York · 1924
- Zahn v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1937
3Cited by2 opinions
- Rosenberg v. Equitable Life Assurance Society of United StatesAppellate Division of the Supreme Court of the State of New York · 1989
- Griswold v. Prudential Insurance Co. of America, Pennsylvania Court of Common Pleas, Lackawanna County1943