McDonald v. Ӕtna Life Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, .¿Etna Life Insurance Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 3d day of May, 1917, upon the verdict of a jury rendered by direction of the court, both sides having moved for a direction of a verdict after the jury had answered a specific question of fact submitted to them.
1Opinion of the Court
Shearn, J.:
This case involves the sufficiency of a. notice sent by the defendant life insurance company pursuant to section 92 of the Insurance Law (Consol. Laws, chap. 28; Laws of 1909, chap. 33), under which it claims a forfeiture of the policy. The notice sent by defendant to the assured was in the form of a card. On the face thereof were the following words and no others:
“ Form No. 334.
“ Edition Oct., 1910.
“ ADVANCE NOTICE OF PREMIUM “ AS REQUIRED BY LAWS OF NEW YORK,
“ NORTH CAROLINA AND LOUISIANA.
“ March 1, 1916.
“ Dear Sir.— You are hereby notified that the payment of $49.05 on Contract…
2Cases cited4 opinions
- McCormack v. Security Mutual Life InsuranceNew York Court of Appeals · 1917
- Rose v. BatesSupreme Court of Missouri · 1848
- Nederland Life Insurance v. MeinertSupreme Court of the United States · 1905
- Flint v. Provident Life & Trust Co. of PhiladelphiaNew York Court of Appeals · 1915
3Cited by3 opinions
- 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
- Singer v. Massachusetts Mutual Life Insurance CompanyDistrict Court, S.D. New York · 2023