Alliance Assurance Co. v. McNamara

Memorandum: The plaintiff seeks to recover money paid to defendant under an automobile collision insurance policy on the ground that, when it made the payment, it did so through mistake in assuming or believing that the policy was in force at the time of the accident, whereas, as alleged, the policy had expired. The complaint was dismissed at the conclusion of the plaintiff’s case on the authority of New York Life Ins. Co. v. Guttenplan (284 N. Y. 805). This case and others which follow the rule in Mutual Life Ins. Co. of New York v. Wager (27 Barb. 354) are not applicable to the facts here…