Mutual Life Insurnace v. Hill

Citations

• 193 U.S. 551
• 24 S. Ct. 538
• 48 L. Ed. 788
• 1904 U.S. LEXIS 896

Syllabus

<p>A judgment of reversal is not necessarily an adjudication by the appellate court of any other than the questions in terms discussed and decided.</p> <p>The following propositions have been established by .prior decisions of this court in regard to the construction of policies of life insurance issued in other States by New York companies:</p> <p>1. The State where the application is made, the first premium paid by and the policy delivered to the assured, is the place of contract.</p> <p>2. The statutory provision of the State of. New York in reference to forfeitures has no extra-territorial' effect, and does not of itself apply to contracts made by a New York company outside of the State.</p> <p>3. Parties contracting outside of a State may by agreement incorporate into the contract the laws of that State and make its provisions controlling on both parties, provided such provisions do not conflict with the law or public policy of the State in which the contract is made.</p> <p>Where a contract contains a stipulation that it shall be construed to have been made in New York without referring to the law of that State requiring notice, and also contains another stipulation by which the assured expressly waives all further notice required by any statute, the latter stipulation is paramount and to that extent'limits the applicability of the New York law in reference to notice to policy holders.</p>