Legal Opinion
Levitt v. Prudential Insurance
New York Supreme Court
Decided March 14, 1934PublishedCited by 4 opinions
1Opinion of the CourtRogers, J.
In view of the stipulation of the parties that the policy lapsed prior to filing with the company due proof of the claim of total disability the question for decision is whether or not the monthly payments provided for by the policy may be enforced in a case where the inception of the total disability occurred while the policy was in full force.
The plaintiff contends that the defendant cannot take advantage of the stipulated fact that the policy had lapsed because it did not plead forfeiture as an affirmative defense, and allege that the notice required by section 92 of the Insurance Law was…
2Cases cited11 opinions
- Bergholm v. Peoria Life Ins. Co.Supreme Court of the United States · 1932
- Ginell v. . the Prudential Insurance Company of AmericaNew York Court of Appeals · 1923
- Brams v. New York Life InsuranceSupreme Court of Pennsylvania · 1929
- Ginell v. Prudential Insurance Co. of AmericaAppellate Division of the Supreme Court of the State of New York · 1923
- Swann v. Atlantic Life InsuranceSupreme Court of Virginia · 1931
6 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Mutchnick v. John Hancock Mutual Life InsuranceCity of New York Municipal Court · 1935
- State Life Ins. Co. of Indianapolis v. ParryCourt of Appeals of Texas · 1935
- Michelson v. Equitable Life Assurance Society of the United StatesNew York City Court · 1936
- Patent v. Travelers InsuranceCity of New York Municipal Court · 1937