Legal Opinion

Flandina v. John Hancock Mutual Life Insurance

Appellate Division of the Supreme Court of the State of New York

Decided December 13, 1940PublishedCited by 3 opinions

1Opinion of the CourtCallahan, J.

This appeal presents solely a question of law the decision of which depends upon the construction to be placed on two industrial life insurance policies issued by defendant, which policies contained identical provisions. These policies were Massachusetts contracts and, therefore, not affected by the provisions of section 88 (now § 208) of our Insurance Law. The issue involved is whether, under the common-law rules of construction applicable, the beneficiary was entitled to receive double indemnity.

The policies herein had been issued on March 28, 1928. After the date of issuance, and on…

2Cases cited2 opinions

  1. Mansbacher v. Prudential Insurance Co. of AmericaNew York Court of Appeals · 1937
  2. Cummings v. Phœnix Mutual Life Insurance Co. of HartfordAppellate Division of the Supreme Court of the State of New York · 1937

3Cited by3 opinions

  1. Austrian v. Equitable Life Assurance SocietyAppellate Division of the Supreme Court of the State of New York · 1975
  2. LeMay v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1941
  3. Flandina v. John Hancock Mutual Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1941

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