Minnie Wachtel, Respondent v. the Equitable Life Assurance Society of the United States, Appellants

Summary

The Court affirmed the trial court's dismissal, holding that the plaintiff failed to satisfy the condition precedent of providing due proof of death by accident for double indemnity and that the insurers did not waive that requirement. The Court reversed the Appellate Division's reversal and declined to find a waiver despite the insurers' failure to object to the proof of death.