Peters v. Empire Life Ins.

Appellate Terms of the Supreme Court of New York

Peters v. Empire Life Ins.

90 N.Y.S. 296

Appellate Terms of the Supreme Court of New York·Decided November 10, 1904·Published·Cited by 2 cases

Opinion

PER CURIAM.

We are of the that the defendant herein, by reason of its letters of February 4 and 5, 1904, written to each of the plaintiffs in these cases, holding out to them the reasonable inference that these claims would be adjusted, waived the limitation imposed by the terms of its policy as to the time within which suit must be brought, and is estopped from setting up such clause in the policy as a bar to these actions.

Judgments affirmed, with costs.

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PER CURIAM.

We are of the that the defendant herein, by reason of its letters of February 4 and 5, 1904, written to each of the plaintiffs in these cases, holding out to them the reasonable inference that these claims would be adjusted, waived the limitation imposed by the terms of its policy as to the time within which suit must be brought, and is estopped from setting up such clause in the policy as a bar to these actions.

Judgments affirmed, with costs.

Peters v. Empire Life Ins., 90 N.Y.S. 296 (N.Y. Ct. App. 1904).

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Opinion

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