Landau v. Equitable Life Assurance Society of United States

Appellate Terms of the Supreme Court of New York

Landau v. Equitable Life Assurance Society of United States

168 Misc. 327, 6 N.Y.S.2d 112, 1938 N.Y. Misc. LEXIS 1802

Appellate Terms of the Supreme Court of New York·Decided June 9, 1938·Published

Opinion

Per Curiam.

The clause in the policy exempting disability benefits from incontestability is not ambiguous and was regarded as sufficient in (Apter v. Equitable Life Assur. Soc., 271 N. Y. 653; Kushman v. Equitable Life Assur. Soc., 253 App. Div. 921; Equitable Life Assur. Soc. v. Deem, 91 Fed. [2d] 569).

Judgment reversed, with thirty dollars costs, and complaint dismissed on the merits, with costs.

All concur. Present — Hammer, Shientag and Noonan, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam.

The clause in the policy exempting disability benefits from incontestability is not ambiguous and was regarded as sufficient in (Apter v. Equitable Life Assur. Soc., 271 N. Y. 653; Kushman v. Equitable Life Assur. Soc., 253 App. Div. 921; Equitable Life Assur. Soc. v. Deem, 91 Fed. [2d] 569).

Judgment reversed, with thirty dollars costs, and complaint dismissed on the merits, with costs.

All concur. Present — Hammer, Shientag and Noonan, JJ.

Landau v. Equitable Life Assurance Society of United States, 168 Misc. 327, 6 N.Y.S.2d 112, 1938 N.Y. Misc. LEXIS 1802 (N.Y. Ct. App. 1938).

Pincite

168 Misc. 327 (Landau v. Equitable Life Assurance Society of United States) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related