Ryan v. Metropolitan Life Insurance

City of New York Municipal Court

Ryan v. Metropolitan Life Insurance

2 N.Y. City Ct. Rep. 421

DecidedJune 15, 1887

StatusPublished

This text of 2 N.Y. City Ct. Rep. 421 (Ryan v. Metropolitan Life Insurance) is published on Counsel Stack Legal Research, covering City of New York Municipal Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ryan v. Metropolitan Life Insurance, 2 N.Y. City Ct. Rep. 421 (N.Y. Super. Ct. 1887).

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Opinion

McAdam, Ch. J.

An insurer may prescribe any conditions to his undertaking he pleases. The condition that no action upon the policy shall be sustained, unless commenced within a certain period, stands upon the same grounds as other conditions precedent, and is valid (May on Insurance, § 478 and cases cited). This action, not having been brought within the prescribed time (there being no waiver of the condition) is not maintainable (14 N. Y. 253; 30 Id. 546, 136; 72 Id. 500; 78 Id. 462).

It follows that the defendant is entitled to judgment.

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McAdam, Ch. J.

An insurer may prescribe any conditions to his undertaking he pleases. The condition that no action upon the policy shall be sustained, unless commenced within a certain period, stands upon the same grounds as other conditions precedent, and is valid (May on Insurance, § 478 and cases cited). This action, not having been brought within the prescribed time (there being no waiver of the condition) is not maintainable (14 N. Y. 253; 30 Id. 546, 136; 72 Id. 500; 78 Id. 462).

It follows that the defendant is entitled to judgment.

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2 N.Y. City Ct. Rep. 421, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ryan-v-metropolitan-life-insurance-nynyccityct-1887.