McClelland v. . Mutual Life Ins. Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 20,1914, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. The agent who delivered the policy was a soliciting agent with limited powers and not a general agent, and had no power to waive any provision of the policy.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 20,1914, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. The agent who delivered the policy was a soliciting agent with limited powers and not a general agent, and had no power to waive any provision of the policy. (Russell v. Prudential Ins. Co., 176 N. Y. 178.) McClelland, the insured, was chargeable with notice of the limitation upon the…
1Opinion of the CourtHogan, J.
January 12th, 1910, Eugene F. McClelland, at the solicitation of one Becker, an agent of the defendant, signed an application for a policy of life insurance in the sum of one thousand dollars. On the same day the applicant was examined by the medical examiner of the defendant, who recommended him for insurance. The printed application signed by Mr. McClelland contained a clause so far as material to be considered that the policy “ shall not take effect unless and until the first premium shall have been paid during my continuance in good health; except in case a binding receipt shall have been…
2Cases cited11 opinions
- Northern Assurance Co. v. Grand View Building Assn.Supreme Court of the United States · 1902
- McNally v. Phœnix InsuranceNew York Court of Appeals · 1893
- Walsh v. . Hartford Fire Insurance Co.New York Court of Appeals · 1878
- Draper v. Oswego County Fire Relief Ass'nNew York Court of Appeals · 1907
- Forward v. Continental InsuranceNew York Court of Appeals · 1894
6 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Travelers Insurance v. PomerantzNew York Court of Appeals · 1927
- Bible v. John Hancock Mutual Life InsuranceNew York Court of Appeals · 1931
- Klein v. Prudential Insurance of AmericaNew York Court of Appeals · 1917
- Drilling v. . New York Life Ins. Co.New York Court of Appeals · 1922
- McCormack v. Security Mutual Life InsuranceNew York Court of Appeals · 1917
27 more not listed; retrieve them via the Exa API.