Payne v. Equitable Life Assur. Soc. of U.S.
| Decision Date | 17 May 1962 |
| Citation | 11 N.Y.2d 1006,229 N.Y.S.2d 752,183 N.E.2d 763 |
| Parties | , 183 N.E.2d 763, 22 A.F.T.R. 1195 Gertrude PAYNE, Respondent, v. The EQUITABLE LIFE ASSURANCE SOCIETY OF the UNITED STATES, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, First Department, 14 A.D.2d 266, 220 N.Y.S.2d 493.
The parties submitted the controversy involved on an agreed statement of facts pursuant to Section 546 et seq. of the Civil Practice Act for an adjudication whether the plaintiff had the right to recover the proceeds of a group life insurance policy issued by the defendant on the life of the plaintiff's husband, who had designated the plaintiff as beneficiary.
The Appellate Division rendered a judgment for the plaintiff and held that coverage of the insured by the policy continued for a 90-day period after termination of the insured's employment, and that the death of the insured during such period entitled the beneficiary to death benefit, where no notice had been given to the insured of his conversion privileges on termination of employment as required by the Insurance Law, Consol.Laws, c. 28, and that the provision in the policy for the payment of a death benefit on due proof of the death of the insured within 31 days of termination of employment did not prevent the recovery of a death benefit, though the...
To continue reading
Request your trial
-
Reger v. National Ass'n of Bedding Mfrs. Group Ins. Trust Fund
...N.Y.S.2d 453, 170 N.E.2d 457; Payne v. Equitable Life Assurance Soc. of U.S., 14 A.D.2d 266, 220 N.Y.S.2d 493, affd., 11 N.Y.2d 1006, 229 N.Y.S.2d 752, 183 N.E.2d 769). Prior to McGinnis v. Bankers Life Co., 39 A.D.2d 393, 334 N.Y.S.2d 270, it had been held that the notification duty was st......
-
Reinisch v. Metropolitan Life Ins. Co.
...the conversion period (see Payne v. Equitable Life Assurance Society of the U.S., 14 AD2d 266 [220 N.Y.S.2d 493]; affd 8 [11] NY2d 1006 [229 N.Y.S.2d 752, 183 N.E.2d 763]; DeVille v Continental Assurance Co., 10 AD2d 386 [199 N.Y.S.2d 876], affd 8 NY2d 1080 [207 N.Y.S.2d 453, 170 N.E.2d "Ho......
-
Oakley v. National Western Life Insurance Company
...of conversion. New York Insurance Law, McKinney's Consol.Laws, c. 28, § 204 (3); see Payne v. Equitable Life Assurance Society of the United States, 11 N.Y.2d 1006, 229 N.Y.S.2d 752, 183 N.E. 2d 763 (1962) affirming 14 A.D.2d 266, 220 N.Y.S.2d 493 (First Dept. 1961); De Ville v. Continental......
-
Wells v. Wilbur B. Driver Co.
...Payne v. Equitable Life Assur. Soc. of United States, 14 A.D.2d 266, 220 N.Y.S.2d 493 (App.Div. 1961), aff'd 11 N.Y.2d 1006, 229 N.Y.S.2d 752, 183 N.E.2d 763 (Ct.App.1961). In De Ville v. Continental Assurance Co., 10 A.D.2d 386, 199 N.Y.S.2d 876 (App.Div.1960), aff'd 8 N.Y.2d 1080, 207 N.Y......