Legal Opinion

Langdon v. Northwestern Mutual Life Insurance

New York Court of Appeals

Decided June 17, 1910PublishedCited by 10 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 15, 1909, affirming a judgment in favor of defendant entered upon a decision of the court on trial at an Equity Term. The action-was brought in part for the purpose of having a policy of insurance so reformed as to correspond with a certain alleged prior special contract of insurance.

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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 15, 1909, affirming a judgment in favor of defendant entered upon a decision of the court on trial at an Equity Term. The action-was brought in part for the purpose of having a policy of insurance so reformed as to correspond with a certain alleged prior special contract of insurance. The difference between the two, as claimed by plaintiff, was that said alleged special contract provided for the payment to him of a certain fixed sum as his share on principles of tontine…

1Opinion of the CourtHiscock, J.

This action is brought to reform a policy of insurance issued by the respondent to the appellant so as to make it conform to an alleged special contract for insurance issued to the appellant by the respondent’s agent prior to said policy, and set forth in the foregoing statement of facts. The policy was issued on what was denominated the semi-tontine plan. In addition to providing for straight life insurance, it amongst other things gave the insured the right at the expiration of the tontine dividend period of fifteen years, to withdraw in cash the accumulated surplus apportioned by the…

2Cases cited1 opinion

  1. Avery v. . Equitable Life Assurance SocietyNew York Court of Appeals · 1889

3Cited by10 opinions

  1. Forman v. Mutual Life InsuranceCourt of Appeals of Kentucky · 1917
  2. Kaley v. Northwestern Mutual Life InsuranceNebraska Supreme Court · 1918
  3. Tourtellotte v. New York Life InsuranceWisconsin Supreme Court · 1914
  4. Luellen v. New York Life InsuranceMichigan Supreme Court · 1918
  5. O'Brien v. Equitable Life Assurance Society of United StatesMichigan Supreme Court · 1912

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