New York Court of Appeals

Agnes L. McCormack, Respondent v. Security Mutual Life Insurance Company, Appellant

April 17, 1917220 N.Y. 447

Summary

The Court affirmed the trial court's judgment that the life‑insurance policy had lawfully lapsed for non‑payment, that the insurer's mailed notice satisfied the statutory requirements, and that the reinstatement obtained through false statements was void, limiting the plaintiff's recovery to the cash surrender value. The Court also held that the incontestable clause did not apply because the policy had not been in force a full year after reinstatement.