New York Court of Appeals
Theodore J. Gram, as Executors of John A. Messer v. Mutual Life Insurance Company of New York
March 2, 1950300 N.Y. 375
Summary
The Court held that the insured’s February 15, 1946 letter was a counter‑offer, not an acceptance of the insurer’s continuing offer, and therefore no contract was formed; the insurer’s March 1 offer likewise required acceptance that never occurred, so the policies remained in force and the plaintiffs were entitled to disability benefits. The judgment of the lower court was reversed and summary judgment was granted for the plaintiffs. Justice Desmond dissented, arguing that a contract was formed when the insured signed and returned the request form.