Legal Opinion

McKenna v. New York Life Insurance

Massachusetts District Court, Appellate Division

Decided March 29, 1937Published

1Opinion of the CourtRowe, J.

This is an action of contract in which the plaintiff seeks to recover monthly disability benefits on *186account of a policy of insurance issued by the defendant. The trial judge found for the plaintiff. The defendant claims to be aggrieved by the refusal of the trial judge to grant several of its requests and summarizes its contentions in the following two questions:—

1. Does disability commencing during the grace period effect a waiver of the already due premium?

2. Does proof within six months of the disability satisfy the provisions of the policy requiring proof within six months of the date of…

2Cases cited4 opinions

  1. Ætna Life Insurance v. PalmerSupreme Court of Georgia · 1924
  2. Western & Southern Life Ins. v. SmithOhio Court of Appeals · 1930
  3. Talsky v. New York Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1935
  4. Talsky v. New York Life Insurance CompanyNew York Court of Appeals · 1936

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