C. E. Shepard & Co. v. New York Life Insurance
Supreme Court of Connecticut
Action by the assignee of a policy of life insurance to recover its withdrawal cash value at the termination of the tontine dividend period, brought to the Superior Court in Hartford County where a demurrer to the reply was overruled, Greene, J., and the cause was afterward reserved by the court, Holcomb, J., upon an agreed statement of facts, for the advice of this court. Judgment advised for plaintiff.
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Action by the assignee of a policy of life insurance to recover its withdrawal cash value at the termination of the tontine dividend period, brought to the Superior Court in Hartford County where a demurrer to the reply was overruled, Greene, J., and the cause was afterward reserved by the court, Holcomb, J., upon an agreed statement of facts, for the advice of this court. Judgment advised for plaintiff. On December 1st, 1895, one Gell, the plaintiff’s assignor, took out from the defendant life insurance company a policy of life insurance for $2,000, payable to his wife, or, if she died…
1Opinion of the CourtBeach, J.
The interest of Mrs. Gell in the death benefits was contingent on her surviving the insured, and from that fact an argument is raised in favor of construing the policy so as to accomplish a like result in respect of the endowment benefits. But we think that the express language of the policy must prevail, and by its terms the endowment benefits were payable to “the assured” (meaning Mrs. Gell) “or assigns,” without qualification. It is not material whether the contract is to be governed by the law of New York or of Connecticut, for the rule is well settled in both States that .the beneficiary…
2Cases cited8 opinions
- Shipman v. . Protected Home CircleNew York Court of Appeals · 1903
- Lemon v. Phœnix Mutual Life InsuranceSupreme Court of Connecticut · 1871
- Garner v. . Germania Life Ins. Co.New York Court of Appeals · 1888
- Supreme Colony v. TowneSupreme Court of Connecticut · 1914
- Masonic Mutual Benefit Ass'n v. TollesSupreme Court of Connecticut · 1898
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Allen v. Home National BankSupreme Court of Connecticut · 1935
- Klebanoff v. Mutual Life Insurance Company of New YorkDistrict Court, D. Connecticut · 1965
- Sigal v. Hartford National Bank & Trust Co.Supreme Court of Connecticut · 1935
- Connelly v. WellsSupreme Court of Connecticut · 1955
- Farmers' Loan & Trust Co v. McCartySupreme Court of Connecticut · 1924
4 more not listed; retrieve them via the Exa API.