Murphy v. Colonial Life Ins. Co. of America
147 N.Y.S. 565, 163 A.D. 875, 1914 N.Y. App. Div. LEXIS 6007
Appellate Division of the Supreme Court of the State of New York·Decided May 15, 1914·No. No. 5764·Published·Cited by 6 cases
Opinion
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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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).
147 N.Y.S. 565 (Murphy v. Colonial Life Ins. Co. of America) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
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