Foryciarz v. Prudential Ins. Co. of America
New York Supreme Court
Action by Josefa Foryciarz against the Prudential Insurance Company of America. On defendant’s motion to set aside verdict for plaintiff, rendered upon direction, and for dismissal of the complaint on the merits. Motion denied, and plaintiff permitted to enter judgment.
1Opinion of the CourtRowland L. Davis, J.
On February 13, 1911, the defendant issued a’policy of insurance for $204 upon the life of one Regina Nec, a young' Austrian woman living with her husband in Buffalo. It was what is known as an “industrial policy,” the premium of 10 cents being payable weekly. The printed form of the policy makes the “amount of benefit” payable to the executors or administrators of the insured, unless payment is made by the company to a relative or certain other persons “equitably entitled to the same by reason of having incurred expense on behalf of the insured.”
The insured could neither read nor write. Her…
2Cases cited13 opinions
- Olmsted v. . KeyesNew York Court of Appeals · 1881
- St. John v. . the American Mutual Life Insurance Co.New York Court of Appeals · 1855
- Spencer v. . MyersNew York Court of Appeals · 1896
- Shea v. United States Industrial InsuranceAppellate Division of the Supreme Court of the State of New York · 1897
- Steinback v. . DiepenbrockNew York Court of Appeals · 1899
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3Cited by2 opinions
- McAlpine v. Fidelity & Casualty Co.Supreme Court of Minnesota · 1916
- Sylvester v. Metropolitan Life InsuranceMichigan Supreme Court · 1931