Murphy v. Colonial Life Insurance of America

Appellate Division of the Supreme Court of New York

Murphy v. Colonial Life Insurance of America

163 A.D. 875

Appellate Division of the Supreme Court of the State of New York·Decided May 15, 1914·Published

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 its 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 68 of the Insurance Law.

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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 its 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 68 of the Insurance Law.

Murphy v. Colonial Life Insurance of America, 163 A.D. 875 (N.Y. Ct. App. 1914).

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Opinion

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