Flynn v. Prudential Insurance Co. of America
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered July 31, 1911, in favor of plaintiff upon the submission of a controversy under section 1279 of the Code of Civil Procedure. The nature of the controversy and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered July 31, 1911, in favor of plaintiff upon the submission of a controversy under section 1279 of the Code of Civil Procedure. The nature of the controversy and the facts, so far as material, are stated in the opinion. The Laws of 1892, chapter 690, section 55, limit the amount of insurance to be obtained upon the life of an infant to the sums named in the schedule therein contained and by reason of the earlier insurance in force the two policies of the defendant are absolutely void.…
1Opinion of the Court
Cullen, Ch. J.
The controversy in this case involves the construction of section 55 of the Insurance Law. Helen M. Flynn, a daughter of the plaintiff, was horn January 23d, 1902, and died January 16th, 1910. On February 9th, 1903, the plaintiff obtained from the Metropolitan Life Insurance Company a policy of insurance upon the life of said infant by which, on the infant’s death between the ages of seven and eight years, she was to be paid the sum of eighty dollars. On March 2d, 1903, she obtained from the same company another policy on the same life for the same sum. On May 11th, and December…
2Cases cited3 opinions
- People, Ex Rel. Wood v. . LacombeNew York Court of Appeals · 1885
- In the Matter of FolsomNew York Court of Appeals · 1874
- O'Rourke v. John Hancock Mut. Life InsuranceNew York Court of Common Pleas · 1894
3Cited by19 opinions
- Archer v. Equitable Life Assurance Society of the United StatesNew York Court of Appeals · 1916
- Claim of Schmidt v. Wolf Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1945
- New England Mutual Life Insurance v. CarusoNew York Court of Appeals · 1989
- Ador Realty, LLC v. Division of Housing & Community RenewalAppellate Division of the Supreme Court of the State of New York · 2005
- Westchester County Society for the Prevention of Cruelty to Animals, Inc. v. MengelAppellate Division of the Supreme Court of the State of New York · 1943
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