Josephine S. Goodwin, Respondent v. the Massachusetts Mutual Life Insurance Company, Appellant

Summary

The New York Court of Appeals affirmed the judgment for the plaintiff, holding that the unpaid premium was not an indebtedness under the Massachusetts non‑forfeiture statute and therefore could not be deducted from the policy value. The court also held that the insurer waived the statutory deadline for proof of loss through the agent's statements and subsequent conduct, and that such waiver required no new consideration.