Rosenthal v. New York Life Insurance
Cases that cite this one
36 later published cases cite this decision. The 25 that cite it most often are listed here.
- Mid-Continent Life Ins. Co. v. Dees (Okla. 1954)
- 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)
- Suskind v. American Republic Insurance (United States District Court for the District of Delaware 1978)
- Lilli Holtze v. The Equitable Life Assurance Society of the United States (D.C. Cir. 1976)
- Brand Distributors, Inc. v. Insurance Co. of North America (District Court, E.D. Virginia 1974)
- Lazar v. Metropolitan Life Insurance Company (United States District Court for the District of Connecticut 1968)
- Prudential Insurance v. McIver (District Court, D. Maine 1961)
- Mario Florio v. Powder Power Tool Corp. (3d Cir. 1957)
- Florio v. Powder Power Tool Corp. (3d Cir. 1957)
- In re Mutual Life Ins. Co. Of New York (5th Cir. 1951)
- Government Employees Ins. v. Powell (2d Cir. 1947)
- Purcell v. Summers (4th Cir. 1944)
- New York Life Ins. v. Federal Nat. Bank of Shawnee (10th Cir. 1944)
- 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)
- Toole County Irr. Dist. v. Moody (9th Cir. 1942)
- Turpentine & Rosin Factors, Inc. v. Travelers Ins. (United States District Court for the Southern District of Georgia 1942)
- Barnett v. New England Mut. Life Ins. (5th Cir. 1941)
- Ætna Life Ins. v. Young (3d Cir. 1940)
- Malloy v. New York Life Ins. Co. (1st Cir. 1939)
- Bowie v. Bankers Life Co. (10th Cir. 1939)
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
Respondent, New York Life Insurance Company, brought this suit to cancel two reinstatements of an insurance policy upon the ground that they were fraudulently procured. The Circuit Court of Appeals, affirming with modification a decree of the District Court, held that the agreement by which a lapsed policy is reinstated is a new agreement, as regards the effect of the incontestable clause in the policy, and that clause runs from the date of the reinstatement where the defense is fraud in its procurement; and, further, that the extended insurance under the policy in question was to be calculated from the anniversary date of the issue of the policy and not from the anniversary date of the payment of the first premium. 94 F. 2d 675.
*264 The District Court found that the policy was issued upon the joint lives of residents of Missouri and was applied for and delivered to the insured in that State. The Circuit Court of Appeals decided the questions, as above stated, as matters of general law according to the view of the court as to the weight of authority. Petitioner sought a rehearing upon the ground, among others, that the interpretation of the policy was governed by the law of Missouri. Rehearing was denied.
While respondent contends that the decision below is not in conflict with the local law, it is not necessary for us to determine that question. It is enough to say that the questions to be decided are those of state law and should have been determined according to the. decisions of the state court. 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.
Judgment vacated.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.