Phyllis W. Loss v. The Mutual Life Insurance Company of New York

Second Circuit

Phyllis W. Loss v. The Mutual Life Insurance Company of New York

334 F.2d 242

CourtCourt of Appeals for the Second Circuit

DecidedJuly 14, 1964

Docket28444_1

StatusPublished

This text of 334 F.2d 242 (Phyllis W. Loss v. The Mutual Life Insurance Company of New York) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Phyllis W. Loss v. The Mutual Life Insurance Company of New York, 334 F.2d 242 (2d Cir. 1964).

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Opinion

PER CURIAM:

In this diversity action, appellant-beneficiary seeks to recover the face amount, less an outstanding loan, of a life insurance policy which appellee-insurer claims had lapsed prior to the death of the insured. To avoid this consequence, the result of the insured’s admitted failure to pay premiums, appellant advances numerous theories, namely, that appellee incorrectly advised the insured that a cash payment was required to satisfy a premium payment; that appellee failed to give the required notice that outstanding loans and interest would equal or exceed the policy’s loan value; that appellee failed to properly notify the insured of the payments necessary to avoid the lapse; and that ap-pellee should have applied equity in other policies owned by the insured to the payment of the premium in question.

The thorough opinion of the district court, 230 F.Supp. 329 (S.D.N.Y.1963) analyzes the facts in considerable detail and applies the proper legal principles in rejecting each of appellant’s theories. We affirm the- judgment dismissing the complaint on the basis of that opinion.

Judgment affirmed.

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PER CURIAM:

In this diversity action, appellant-beneficiary seeks to recover the face amount, less an outstanding loan, of a life insurance policy which appellee-insurer claims had lapsed prior to the death of the insured. To avoid this consequence, the result of the insured’s admitted failure to pay premiums, appellant advances numerous theories, namely, that appellee incorrectly advised the insured that a cash payment was required to satisfy a premium payment; that appellee failed to give the required notice that outstanding loans and interest would equal or exceed the policy’s loan value; that appellee failed to properly notify the insured of the payments necessary to avoid the lapse; and that ap-pellee should have applied equity in other policies owned by the insured to the payment of the premium in question.

The thorough opinion of the district court, 230 F.Supp. 329 (S.D.N.Y.1963) analyzes the facts in considerable detail and applies the proper legal principles in rejecting each of appellant’s theories. We affirm the- judgment dismissing the complaint on the basis of that opinion.

Judgment affirmed.

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334 F.2d 242, Counsel Stack Legal Research, https://law.counselstack.com/opinion/phyllis-w-loss-v-the-mutual-life-insurance-company-of-new-york-ca2-1964.

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