Hopkins v. Connecticut General Life Insurance
New York Court of Appeals
Appeal from a judgment, entered August 4, 1916, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term without a jury and directing judgment in favor of plaintiff. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment, entered August 4, 1916, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term without a jury and directing judgment in favor of plaintiff. The nature of the action and the facts, so far as material, are stated in the opinion. Section 107 of the Insurance Law does not require forms of riders to be filed or approved. (Nelson v. Traders Ins. Co., 181 N. Y. 472.) The validity of the war rider, being an integral part of…
1Opinion of the CourtAndrews, J.
On April 29th, 1915, the defendant issued an accident .policy to Mr. Hopkins in favor of. his wife for $40,000 payable in case his death was caused by the burning or wrecking of a vessel on which he was a passenger. Physically attached to this policy was a rider by which the insured agreed that the policy should not cover any loss caused directly or indirectly by any act of any of the belligerent nations engaged in the present European War. This rider was prepared by an executive officer of the defendant, and the agent who negotiated the policy was authorized to deliver it to Mr. Hopkins if…
2Cases cited1 opinion
- Wood v. . American Fire Ins. Co.New York Court of Appeals · 1896
3Cited by26 opinions
- Matter of Met. Life Ins. Co. v. ConwayNew York Court of Appeals · 1930
- Bersani v. General Accident Fire & Life Assurance Corp.New York Court of Appeals · 1975
- Posner v. United States Fidelity & Guaranty Co.New York Supreme Court · 1962
- Bersani v. GEN. ACC. FIRE CORP.New York Court of Appeals · 1975
- In re the Estate of O'NeillNew York Surrogate's Court · 1932
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