Legal Opinion
McCann v. John Hancock Mutual Life Insurance
New York Supreme Court
Decided September 16, 1964PublishedCited by 6 opinions
1Opinion of the CourtHarry Gittleson, J.
In an action to recover damages for the alleged breach of a disability income insurance policy, plaintiff moves to strike defendant’s affirmative defense that the complaint fails to state a cause of action and defendant cross-moves to dismiss plaintiff’s second cause of action on the ground that it fails to state a cause of action. In view of the cross motion, it appears that defendant’s affirmative defense is directed merely to the second cause of action and thus we concern ourselves solely as to its sufficiency. In substance, it alleges the issuance by defendant to plaintiff of a policy of…
2Cases cited25 opinions
- Howard v. . DalyNew York Court of Appeals · 1875
- New York Life Insurance v. ViglasSupreme Court of the United States · 1936
- Erreca v. Western States Life InsuranceCalifornia Supreme Court · 1942
- Kelly v. . Security Mutual Life Ins. Co.New York Court of Appeals · 1906
- Nichols v. Scranton Steel Co.New York Court of Appeals · 1893
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3Cited by6 opinions
- MaGee v. Paul Revere Life InsuranceDistrict Court, E.D. New York · 1997
- Gordon v. Continental Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1983
- Schwartz v. Victory Container Corp.District Court, S.D. New York · 1969
- Romar v. AlliAppellate Division of the Supreme Court of the State of New York · 1986
- Scherer v. Equitable Life Assurance Society of United StatesDistrict Court, S.D. New York · 2002
1 more not listed; retrieve them via the Exa API.