Murphy v. Colonial Life Ins. Co. of America

Appellate Division of the Supreme Court of New York

Murphy v. Colonial Life Ins. Co. of America

147 N.Y.S. 565, 163 A.D. 875, 1914 N.Y. App. Div. LEXIS 6007

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 15, 1914

DocketNo. 5764

StatusPublished

Cited by6 cases

This text of 147 N.Y.S. 565 (Murphy v. Colonial Life Ins. Co. of America) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Murphy v. Colonial Life Ins. Co. of America, 147 N.Y.S. 565, 163 A.D. 875, 1914 N.Y. App. Div. LEXIS 6007 (N.Y. Ct. App. 1914).

Pincite

Opinion

PER CURIAM.

The policy contains the express provision that:

“If the insured shall die within six calendar months from the date hereof the company will pay only one-half of this sum. After six months from this date the policy will be in force for the full amount.”

The policy was dated the 28th of October, 1912, and the deceased died in January, 1913. Under this policy, therefore, but one-half of the amount insured was payable. We agree with the Appellate Term in the construction of section 58 of the Insurance Law.

The determination and judgment are therefore modified, by reducing the judgment accordingly, and, as so modified, affirmed, without costs.

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