Legal Opinion

Klos v. MOBIL OIL COMPANY

Supreme Court of New Jersey

Decided December 15, 1969PublishedCited by 17 opinions

1Opinion of the Court

The opinion of the court was delivered by

Proctor, J.

Plaintiff seeks to recover for the death of her husband under an accident insurance contract obtained from defendant American Home Assurance Company (American) and solicited by American through defendant Mobil Oil Company’s mailing and billing facilities. On cross motions for summary judgments by the parties, the trial court granted judgments in favor of both defendants on the ground that the policy was not yet effective on the date of the decedent’s alleged accident. The Appellate Division affirmed in an unreported opinion and we granted…

2Cases cited6 opinions

  1. McElroy v. British America Assur. Co. of TorontoCourt of Appeals for the Ninth Circuit · 1899
  2. Springfield Fire & Marine Ins. Co v. Hubbs-Johnson Motor Co.Texas Commission of Appeals · 1931
  3. Schwartz v. Northern Life Ins. Co.Court of Appeals for the Ninth Circuit · 1928
  4. Republic Insurance Co., Dallas, Texas v. FrenchCourt of Appeals for the Tenth Circuit · 1950
  5. Livingston v. American Title and Insurance CompanyDistrict Court of Appeal of Florida · 1961

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3Cited by17 opinions

  1. Francis Van Orman, on His Own Behalf and on Behalf of a Class of All Participants, Continuing Former Employees, Pensioners, Beneficiaries and Contingent Survivors, as Such Persons Are Defined in the Revised Retirement Plan of the American Insurance Company, American Automobile Insurance Company and Associated Indemnity Corporation ("Tarp") v. The American Insurance Company, the American Automobile Insurance Company, the Associated Indemnity Corporation, Fireman's Fund Insurance Company, Fireman's Fund American Life Insurance Company, Tarp, and Fireman's Fund American Retirement Plan("farp"), Robert P. J. Cooney and Jack B. McCowan Nellie Taylor, Andrew Marsh, Ulice M. Hoover, Peggy Laing, Richard Shultis and Waldermar Ogren, on Their Own Behalf and on Behalf of All Participants and Beneficiaries Similarly Situated v. The American Insurance Company, the American Automobile Insurance Company, the Associated Indemnity Corporation, Fireman's Fund Insurance Company, Fireman's Fund American Life Insurance Company, Robert P. J. Cooney, Jack B. McCowan and Tarp, Francis Van Orman, on His Own Behalf and on Behalf of All Participants and Beneficiaries Similarly Situated, and Ulice M. Hoover, Nellie Taylor, Peggy Laing, Andrew Marsh, Richard Shultis, and Waldemar H. Ogren, on Behalf of Those and All Other Persons Similarly Situated, in No. 81-2784. The American Insurance Company, the American Automobile Insurance Company, Theassociated Indemnity Corporation, Fireman's Fund Insurance Company,fireman's Fund American Life Insurance Company, Tarp, and Farp, Robert P. j.cooney and Jack b.mccowan and the American Insurance Company, the American Automobile Insurance Company, the Associated Indemnity Corporation, Fireman's Fund Insurance Company, Fireman's Fund American Life Insurance Company, Robert P. J. Cooney, Jack B. McCowan and Tarp, in No. 81-2785 the American Insurance Company, American Automobile Insurance Company, Associated Indemnity Corporation, Fireman's Fund Insurance Company, the Revised Retirement Plan of the American Insurance Company, Fireman's Fund American Retirement Plan, Robert P. J. Cooney and Jack B. McCowan and Fireman's Fund Insurance Company, American Insurance Company, American Automobile Insurance Company, Associated Indemnity Corporation, the Revised Retirement Plan of the American Insurance Company, Associated Indemnity Corporation, Fireman's Fund American Life Insurance Company, Robert P. J. Cooney, and Jack B. McCowan in No. 81-2786Court of Appeals for the Third Circuit · 1982
  2. Bryan Construction Co. v. Employers' Surplus Lines InsuranceSupreme Court of New Jersey · 1972
  3. Fed Cetera LLC v. National Credit Services IncCourt of Appeals for the Third Circuit · 2019
  4. Martinez v. John Hancock Mut. Life Ins. Co.New Jersey Superior Court Appellate Division · 1976
  5. Davenport Peters Co. v. Royal Globe InsuranceDistrict Court, D. Massachusetts · 1980

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