Myra Strassberg v. New England Mutual Life Insurance Company
Opinion
Opinion
Strassberg, the named beneficiary of an insurance policy on the life of her late husband, brought this action in state court in California to recover the amount of the policy from the insurer, New England Mutual Life Insurance Company (“New England”). New England removed the case to federal court on the basis of diversity. Following trial, judgment was entered for New England. Strassberg appeals.
On June 15, 1971, Strassberg’s late husband, Peter, received a visit in his home in New Jersey from a New England agent working out of New York City. Peter applied for a $25,000 life insurance policy, which was to be a term policy for the first two years and thereafter an ordinary life policy. The annual premium was to be $108.25 for the first and second years, and $441.75 thereafter. Peter named Strass-berg as the beneficiary. He paid the New England agent a $39.00 deposit as an advance on the first premium. New England issued Peter the policy and mailed it to him from its home office in Massachusetts to the insured’s address in New Jersey. Peter mailed the balance of the first year’s premium to New England’s agent in New York City.