Flint v. Provident Life & Trust Co. of Philadelphia
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered May 28, 1913, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The notices mailed to the insured in this case complied with all the requirements of the statute. (Cons. Laws, ch. 28, §92; Schad v. S. M. L. Assn., 11 App.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered May 28, 1913, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The notices mailed to the insured in this case complied with all the requirements of the statute. (Cons. Laws, ch. 28, §92; Schad v. S. M. L. Assn., 11 App. Div. 487; Trimble v. N. Y. L. Ins. Co., 20 Wash. 386; N. L. Ins. Co. v. Meinert, 199 U. S. 171; Schnell v. Mutual Life Ins.…
1Opinion of the Court
Willard Bartlett, Ch. J.
This is an action upon two policies of life insurance, which was tried at Special Term by consent, and resulted in a judgment in favor of the plaintiff which has been unanimously affirmed by the Appellate Division.
The only question which it is necessary to consider upon the appeal is the sufficiency of the notice served upon the insured to effect a forfeiture.
The notice read as follows:
“Please advise any Change of address “The Provident Life and Trust Company of Philadelphia (Pa.)
“Please return this notice with remittance to “William T. Ferris, General Agent “Rooms…
2Cases cited5 opinions
- Rose v. BatesSupreme Court of Missouri · 1848
- Phelan v. Northwestern Mutual Life InsuranceNew York Court of Appeals · 1889
- McDougall v. Provident Savings Life Assurance SocietyNew York Court of Appeals · 1892
- Nederland Life Insurance v. MeinertSupreme Court of the United States · 1905
- Trimble v. New York Life InsuranceWashington Supreme Court · 1898
3Cited by5 opinions
- McCormack v. Security Mutual Life InsuranceNew York Court of Appeals · 1917
- Donald W. Maloney as Trustee in Bankruptcy of Eastern Footwear Corporation v. John Hancock Mutual Life Insurance CompanyCourt of Appeals for the Second Circuit · 1959
- Brown v. Travelers InsuranceCity of New York Municipal Court · 1935
- McDonald v. Ӕtna Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1918
- Singer v. Massachusetts Mutual Life Insurance CompanyDistrict Court, S.D. New York · 2023