LOSS v. MUTUAL LIFE INSURANCE COMPANY OF NEW YORK


230 F.Supp. 329 (1963)

Phyllis W. LOSS, Plaintiff, v. The MUTUAL LIFE INSURANCE COMPANY OF NEW YORK, Defendant.

United States District Court S. D. New York.

July 22, 1963.


Attorney(s) appearing for the Case

Joseph Kopelman, Brooklyn, N. Y., and Kleiger & Kleiger, New York City, for plaintiff; Leon Wasserman, New York City, of counsel.

Richard I. Fricke, New York City, for defendant; Carl F. Hollander, New York City, of counsel.


McLEAN, District Judge.

This is an action to recover the face amount, less an outstanding loan, of a life insurance policy issued by defendant upon the life of plaintiff's late husband, William Loss. Plaintiff is the beneficiary named in the policy. The defense is that the policy lapsed prior to the death of the insured because of his failure to pay premiums. Jurisdiction is based upon diversity of citizenship. The parties have stipulated that New York law applies...

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