New York Court of Appeals

Ellen O'Reilly v. . the Guardian Mutual Life Insurance Company of New York

February 23, 187560 N.Y. 169

Summary

The Court of Appeals held that the plaintiff's letter notifying the insurer of Michael O'Reilly's death satisfied only the notice requirement, not the separate proof of death condition required by the policy. Because no proof of death was furnished, the condition precedent to maintain the action was not performed, and the trial court's judgment was reversed with a new trial granted.