JERSEY WIRE CORP. v. METRO. INS.


41 Misc.2d 967 (1964)

Jersey Interstate Wire & Strip Corp., Plaintiff, v. Metropolitan Life Insurance Company, Defendant.

Supreme Court, Trial Term, Kings County.

January 22, 1964


Attorney(s) appearing for the Case

George Berkowitz for plaintiff. Tanner, Friend, Kinnan & Post (David R. Crow of counsel), for defendant.


BENJAMIN BRENNER, J.

Plaintiff, as assignee of the benefits of a life insurance contract, seeks to recover four times the sum the beneficiary would normally have been entitled to receive and about three times the premiums paid, because of a "scrivener's error" by the insurance company in stamping an inapplicable rate schedule of cash surrender benefits in the contract. The error was due to the insurer's neglect to change the rate schedule from "whole...

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