McCormick v. United Life & Accident Insurance
New York Supreme Court
Appeal from circuit court, Hew York county. * Action by William McCormick against the United Life & Accident. Insurance Association. From an interlocutory judgment, and from a final judgment dismissing the complaint, entered on a verdict directed by the court in favor of defendant, and from an order denying a motion for a new trial made on the minutes, plaintiff appeals.
1Opinion of the CourtFollett, J.
Construing the 10 policies issued to the 10 persons forming club No. 7, and the club circular (Exhibit A) explanatory of the defendant’s plan of club insurance, together, the legal ■effect of the contract of insurance is as alleged in the complaint, and the reformation of the policy in accordance with the prayer of the plaintiff would not affect the rights of the litigants. It is not .alleged in the answer that the contract set out in the complaint is a wager policy, or that it is, for any cause, Aroid, under the laws of the state, and on the trial the defendant expressly waived this…
2Cited by1 opinion
- Pescia v. Societa Co-Operativa Corleonese Francesco BentivegnaAppellate Division of the Supreme Court of the State of New York · 1904