Legal Opinion
Thomas v. New York Life Insurance
North Dakota Supreme Court
Decided May 4, 1935No. File No. 6304PublishedCited by 9 opinions
1Opinion of the Court
Burke, Ch. J.
This is an action for damages for an alleged breach of an insurance policy. The appeal is from the judgment rendered in favor of the plaintiff and against the defendant for damages for the total and permanent disability of the plaintiff from the commencement of his disability throughout the term of his life expectancy on the theory that there has been an anticipatory breach of the contract of insurance against disability on the part of the defendant.
The policy covered the life of the plaintiff and included a total and permanent disability clause, by the terms of which, upon due…
2Cases cited74 opinions
- Carpenter v. Providence Washington InsuranceSupreme Court of the United States · 1842
- Phoenix Life Ins. Co. v. RaddinSupreme Court of the United States · 1887
- Penn Mut. Life Ins. v. Mechanics' Savings Bank & Trust Co.Court of Appeals for the Sixth Circuit · 1896
- Columbian Insurance Co. of Alexandria v. LawrenceSupreme Court of the United States · 1829
- Evanston v. GunnSupreme Court of the United States · 1879
69 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- State Medical Ass'n of Texas v. Committee for Chiropractic Education, Inc.Court of Appeals of Texas · 1951
- Amoskeag Trust Co. v. Prudential Insurance Co. of AmericaSupreme Court of New Hampshire · 1936
- Lindlauf v. Northern Founders Insurance CompanyNorth Dakota Supreme Court · 1964
- Toth v. Disciplinary Board of the Supreme Court of North DakotaNorth Dakota Supreme Court · 1997
- Equitable Life Assurance Society v. BoisvertNorth Dakota Supreme Court · 1935
4 more not listed; retrieve them via the Exa API.