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SPIEGEL v. METRO. LIFE INS. CO.

6 N.Y.2d 91 (1959)

Edna Spiegel, Appellant, v. Metropolitan Life Insurance Company et al. Respondents.

Court of Appeals of the State of New York.

Decided May 28, 1959.

Attorney(s) appearing for the Case

Harry E. Ratner for appellant.

Edward T. Post and Ernst L. Bendix for respondents.

Chief Judge CONWAY and Judges DESMOND, FROESSEL and BURKE concur with Judge FULD; Judges DYE and VAN VOORHIS dissent insofar as the judgment appealed from is reversed and vote to affirm upon the ground that it was neither intended by the insurance agent nor understood by the beneficiary that the agent personally agreed to pay or to guarantee the payment of the premium or the policy.

FULD, J.

The plaintiff, as beneficiary, brought this action against defendant Metropolitan Life Insurance Company and defendant Levy, one of the company's agents, to recover death and accidental death benefits under a policy on the life of her husband. The defendant company opposed payment on the grounds that the policy had lapsed without value because of the nonpayment of a premium and that, in any event, the...

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