Legal Opinion

Epstein v. Mutual Life Insurance

New York Supreme Court

Decided April 2, 1932PublishedCited by 10 opinions

1Opinion of the CourtCohn, J.

This is a motion to dismiss the complaint for legal insufficiency. The action is brought to recover disability benefits alleged to be due under three policies of life insurance, similar in form, each containing the following provision: “If the Insured, after payment of premium for at least • one full year and before default in the payment of any subsequent premium, and before attaining the age of sixty years, and while this policy is in full force, shall furnish proof satisfactory to the Company, at its Home Office in the City of New York, that he has become wholly and permanently disabled by…

2Cases cited5 opinions

  1. Whiteside v. North American Accident InsuranceNew York Court of Appeals · 1911
  2. Houlihan v. . Preferred Accident Ins. Co.New York Court of Appeals · 1909
  3. Todd v. Union Casualty & Surety Co.Appellate Division of the Supreme Court of the State of New York · 1902
  4. Perlman v. New York Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1932
  5. Manson v. New York Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1930

3Cited by10 opinions

  1. Mutual Life Ins. Co. of New York v. SmithCourt of Appeals of Kentucky (pre-1976) · 1935
  2. Lyford v. New England Mutual Life InsuranceSuperior Court of Pennsylvania · 1936
  3. Goldman v. New York Life Ins. Co.New Jersey Court of Chancery · 1934
  4. Lincoln Nat. Life Ins. v. GhioCourt of Appeals for the Eighth Circuit · 1940
  5. Epstein v. Mutual Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1932

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