Appellate Terms of the Supreme Court of New York, 1935

Simsaki v. Equitable Life Assurance Society of United States

Simsaki v. Equitable Life Assurance Society of United States
Appellate Terms of the Supreme Court of New York · Decided February 14, 1935
154 Misc. 533; 277 N.Y.S. 424; 1935 N.Y. Misc. LEXIS 966

Counsel

Alexander & Green, for the appellant., Max F. Finkelstein, for the respondent.

Simsaki v. Equitable Life Assurance Society of United States

Opinion of the Court

Per Curiam.

When the employer notified the defendant society to cancel or terminate the group insurance as to Simsaki, the employee, and the latter entered such termination upon its records on September 15, 1931, and the monthly premiums for coverage of Simsaki were not paid after September 1, 1931, the policy was terminated as to the employee and his rights thereunder ceased. The illness of the employee on account of which he could not work from August, 1931, up to his death on February 27, 1932, did not preserve in him a right to the insurance.

Judgment reversed, with thirty days costs, and judgment directed for defendant, with costs.

All concur; present, Hammer, Callahan and Shientag, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.