Wolarsky v. New York Life Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the New York Life Insurance Company, from a judgment ’of the Supreme Court in favor of the plaintiff, entered in the' office of the clerk of the county of New York on the 30th day of November, 1906, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 28th day of December, 1906, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Houghton, J.:
The action is upon a policy of insurance issued by the defendant upon the life of Harry Wolarsky on the 5th day of January, 1905, *100•payable on. his death to this plaintiff. The premiums were- payable semi-annually on the fifth days of July and January following, and their non-payment rendered the policy void. The insured died August 21, 1905.
The. defence1 is that the premium due the previous fifth day of July was not paid. The contention of the plaintiff is that even if this be true, the defendant-did not mail to the insured the forfeiture notice required by seption 92 of the…
2Cited by8 opinions
- Badio v. Liberty Mutual Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 2004
- Matter of Skoczlois v. . VinocourNew York Court of Appeals · 1917
- Goeller v. Equitable Life Assurance Society of the United StatesAppellate Division of the Supreme Court of the State of New York · 1937
- Badio v. Liberty Mutual Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 2004
- Clarin Corp. v. Massachusetts General Life InsuranceDistrict Court, N.D. Illinois · 1994
3 more not listed; retrieve them via the Exa API.