Reilly v. New York Life Insurance

Tolman, J. —

This action was instituted to recover damages for the alleged wrongful cancellation of a policy of life insurance.

Plaintiff Burke was the insured, and plaintiff Reilly was joined as plaintiff because she was named as the beneficiary in the policy. The complaint alleges the issuance of the policy, a compliance with its terms by the insured, and that the insurer, while the policy was in good standing, renounced and refused to be bound thereby, to the damage of the plaintiffs.

The answer consists of appropriate denials and affirmative defenses to the effect that the insured permitted…