LOSS v. MUTUAL LIFE INSURANCE COMPANY OF NEW YORK

No. 396, Docket 28444.

334 F.2d 242 (1964)

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

United States Court of Appeals Second Circuit.

Decided July 14, 1964.


Attorney(s) appearing for the Case

Leon Wasserman, New York City (Kleiger & Kleiger, New York City, of counsel), for plaintiff-appellant.

Richard I. Fricke, New York City (Carl F. Hollander, Trial Counsel; Michael L. B. Kaplan, New York City, of counsel), for defendant-appellee.

Before LUMBARD, Chief Judge, and MOORE and SMITH, Circuit Judges.


PER CURIAM:

In this diversity action, appellant-beneficiary seeks to recover the face amount, less an outstanding loan, of a life insurance policy which appellee-insurer claims had lapsed prior to the death of the insured. To avoid this consequence, the result of the insured's admitted failure to pay premiums, appellant advances numerous theories, namely, that appellee incorrectly advised the insured that a cash payment was required to satisfy a premium payment; that...

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