Ruina v. Commercial Travelers Mutual Accident Ass'n of America

In an action to recover on a policy of accident insurance, judgment, entered on .the verdict of a jury in favor of the plaintiff beneficiary, affirmed, with costs. The burden was on the defendant to establish the lapse of the insured’s membership and in order to do so it was necessary for defendant to prove the mailing of the assessment notice of August 12, 1940. In our opinion the evidence adduced was insufficient to establish such mailing. (Gardam é Son v. Batterson, 198 N. Y. 175.) If, however, we assume that the evidence was sufficient to sustain an inference that the notice was mailed,…