Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

THOMAS v. MUTUAL BEN. HEALTH & ACC. ASS'N.

August 16, 1954

THOMAS
v.
MUTUAL BENEFIT HEALTH & ACC. ASS'N



The opinion of the court was delivered by: DAWSON

This is a motion for summary judgment. The action was commenced in the City Court of the City of New York, and removed to this Court by the defendant.

It appears from the papers submitted on the motion that the following material facts exist without substantial controversy:

 1. On or about March 19, 1943, the defendant (hereinafter called the 'insurance company') issued to the late husband of the plaintiff a certain health and accident insurance policy, No. 101S-58581-43.

 2. The policy provided benefits for loss of life, limb, sight or time by accidental means, or for loss of time by sickness to the extent limited and provided in the policy.

 3. The policy on its fact had across the top of it, in letters larger than anything else which appeared on the policy, except the name of the insurance company, the words 'Ten Year Annual Increasing Policy'.

 4. The policy provided on its face as follows:

 
'Regular
 
Death Benefit -- $ 2,500
 
'Maximum
 
Death Benefit -- $ 5,000'

 5. The policy provided on its face that:

 
'The payment in advance, and acceptance by the Association, of premiums of Fourteen (14.00) Dollars Quarterly thereafter, beginning with July 1, 1943, is required to keep this policy in continuous effect.'

 6. The policy provided on its face as follows:

 
'Part C. Annual Increase Two Hundred Fifty Dollars Per Year
 
'After the first year's premium has been paid, each year's renewal premium paid in advance on this policy shall add Two Hundred Fifty Dollars to the Regular Death Benefit until the same ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.