New York Life Insurance v. Jackson
Cases that cite this one
35 later published cases cite this decision. The 25 that cite it most often are listed here.
- York v. Guaranty Trust Co. of New York (2d Cir. 1944)
- Black & Yates, Inc. v. Mahogany Ass'n (3d Cir. 1942)
- Penn Mut. Life Ins. Co. v. Forcier (8th Cir. 1939)
- New York Life Ins. Co. v. Waterman (9th Cir. 1939)
- New York Life Ins. v. McCurdy (10th Cir. 1939)
- Posey v. Industrial Commission (Ariz. 1960)
- Toole County Irr. Dist. v. Moody (9th Cir. 1942)
- Brand Distributors, Inc. v. Insurance Co. of North America (District Court, E.D. Virginia 1974)
- Mario Florio v. Powder Power Tool Corp. (3d Cir. 1957)
- Florio v. Powder Power Tool Corp. (3d Cir. 1957)
- Emerson v. Carolina Cas. Ins. Co (8th Cir. 1953)
- Mutual Ben. Health & Acc. Ass'n v. Hobbs (8th Cir. 1951)
- In re Mutual Life Ins. Co. Of New York (5th Cir. 1951)
- Lámar v. Granger (District Court, W.D. Pennsylvania 1951)
- Shipley v. Pittsburgh & L. E. R. Co. (District Court, W.D. Pennsylvania 1949)
- New York Life Ins. Co. v. Cooper (10th Cir. 1948)
- Purcell v. Summers (4th Cir. 1944)
- Hardware Mut. Casualty Co. v. Wendlinger (4th Cir. 1944)
- New York Life Ins. v. Federal Nat. Bank of Shawnee (10th Cir. 1944)
- Philco Corporation v. Phillips Mfg. Co. (7th Cir. 1943)
- Nalley v. New York Life Ins. (United States District Court for the Northern District of Georgia 1943)
- New York Life Ins. v. Ferlita (United States District Court for the Northern District of Georgia 1943)
- Turpentine & Rosin Factors, Inc. v. Travelers Ins. (United States District Court for the Southern District of Georgia 1942)
- Sampson v. Channell (1st Cir. 1940)
- Ætna Life Ins. v. Young (3d Cir. 1940)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
This suit was brought by petitioner, New York Life Insurance Company, to cancel the reinstatement of an insurance policy upon the ground that it was obtained by fraud. The defendants, the insured and the beneficiary, denied the responsibility of the insured for any misrepre *262 sentations by reason of his mental incapacity at the time. They also filed a cross bill seeking the payment of the monthly disability benefits for which the policy provided. Decree was rendered in favor of defendants on their cross bill. The decree declared void the reinstatement of the policy but held it to be in full force from the date of its issue,. The Circuit Court of Appeals affirmed. 94 F. 2d 288. '
The stipulation of facts stated that the insured at the time of the issue of the policy in 1927 was a resident of Missouri and that the policy was delivered to the insured in that State. Findings of the District Court followed the stipulation.
The Circuit Court of Appeals considered the question’ .whether under the provisions of the policy the insurer was liable for disability benefits to the insured who became totally and permanently disabled during the period of grace following the date on which a semi-annual premium payment fell due where the premium was not paid until after the expiration of. the period of grace. The court considered the question as one of general law. Its decision should have been made according to the applicable principles of the state law which governed the interpretation of the policy. Erie R. Co. v. Tompkins, ante, p. 64; Ruhlin v. New York Life Insurance Co., ante, p. 202.
Certiorari is granted, .the judgment of the Circuit Court of Appeals is vacated, and the cause is remanded to that court for further proceedings in conformity with this opinion. v
Judgment vacated.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.