Williams v. National Casualty Co.

New York Supreme Court

Williams v. National Casualty Co.

175 Misc. 268, 23 N.Y.S.2d 548, 1940 N.Y. Misc. LEXIS 2330

CourtNew York Supreme Court

DecidedOctober 15, 1940

StatusPublished

Cited by1 cases

This text of 175 Misc. 268 (Williams v. National Casualty Co.) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Williams v. National Casualty Co., 175 Misc. 268, 23 N.Y.S.2d 548, 1940 N.Y. Misc. LEXIS 2330 (N.Y. Super. Ct. 1940).

Pincite

Opinion

Steinbrink, J.

Plaintiff moves for summary judgment in an action to recover maternity benefits under a policy of insurance. The policy excludes from its coverage “ maternity cases during first year policy is in force.” The only question presented is whether upon reinstatement of a policy lapsed for non-payment of premiums the “ first year ” is computed from the date of the original issuance of the policy or from the date of its reinstatement. The policy was obviously intended to avoid the risk of planned maternity. To hold that the date of original issuance of the policy controls, regardless of the duration of the lapse, would impose upon the insurer the very risk it sought to avoid. It seems reasonable to hold that the clause in question means during the first year the policy is continuously in force. The motion is accordingly denied.

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Steinbrink, J.

Plaintiff moves for summary judgment in an action to recover maternity benefits under a policy of insurance. The policy excludes from its coverage “ maternity cases during first year policy is in force.” The only question presented is whether upon reinstatement of a policy lapsed for non-payment of premiums the “ first year ” is computed from the date of the original issuance of the policy or from the date of its reinstatement. The policy was obviously intended to avoid the risk of planned maternity. To hold that the date of original issuance of the policy controls, regardless of the duration of the lapse, would impose upon the insurer the very risk it sought to avoid. It seems reasonable to hold that the clause in question means during the first year the policy is continuously in force. The motion is accordingly denied.

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Bluebook (online)

175 Misc. 268, 23 N.Y.S.2d 548, 1940 N.Y. Misc. LEXIS 2330, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-national-casualty-co-nysupct-1940.

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