O'Reilly v. Guardian Mutual Life Insurance
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 1 Hun, 460 ; 3 N. Y. S. C. [T. & C.], 487.) This was an action upon a policy of life insurance, issued by defendant, upon the lives of plaintiff and her husband, Michael O’Reilly.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 1 Hun, 460 ; 3 N. Y. S. C. [T. & C.], 487.) This was an action upon a policy of life insurance, issued by defendant, upon the lives of plaintiff and her husband, Michael O’Reilly. The policy contained a clause providing for payment of the amount insured in sixty days after due notice and proof of death. The plaintiff gave to defendant the following notice : “ Providence, Jan. 3d, 1872. “ The Guardian Mutual Life…
1Opinion of the CourtAllen, J.
The sum insured upon the joint lives of the plaintiff and Michael O’Reilly was, upon the death of either, payable to the survivor in sixty days after due notice and proof of such death. It is objected by the defendant, that no proof of the death of either of the insured was made to the company, and for that reason the action is premature. By the terms of the contract the insurers have the full time of sixty days after proof of death, within which to pay the money, and no action can be maintained upon the policy until after the expiration of that time. It is conceded that notice of the death…
2Cases cited2 opinions
- Walsh v. Washington Marine InsuranceNew York Court of Appeals · 1865
- Munson v. New England Marine InsuranceMassachusetts Supreme Judicial Court · 1808
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