Chinery v. Metropolitan Life Insurance
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment of the Municipal Court of the city of New York, borough of Richmond, second district, entered in favor of the plaintiff after a trial before the court without a jury.
1Opinion of the CourtCropsey, J.
This is an action upon an industrial insurance policy. The only point involved depends upon the meaning and effect of two provisions in the policy. One of these is: “No obligation is assumed *108by the Company prior to the date hereof nor unless on said date the insured is alive and in sound health.” The other is: “ This policy shall be incontestable after one year from the date of its issue except for fraud or misstatement of age. ’ ’
On September 28,1916, the deceased applied for this insurance. On October 1, 1916, he was examined by the defendant’s physician. On October 9, 1916, the policy Avas…
2Cases cited14 opinions
- Wright v. Mutual Benefit Life Ass'nNew York Court of Appeals · 1890
- Reagan v. Union Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1905
- Teeter v. . United Life Ins. Assn.New York Court of Appeals · 1899
- McClelland v. . Mutual Life Ins. Co.New York Court of Appeals · 1916
- Johnson v. Royal Neighbors of AmericaIllinois Supreme Court · 1912
9 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Brubaker v. Beneficial Standard Life InsuranceCalifornia Court of Appeal · 1955
- Combs v. Equitable Life Ins. Co. of IowaCourt of Appeals for the Fourth Circuit · 1941
- Stevens v. Woodmen of the WorldMontana Supreme Court · 1937
- Allick v. Columbian Protective Ass'nAppellate Division of the Supreme Court of the State of New York · 1945
- Bronx Savings Bank v. WeigandtAppellate Division of the Supreme Court of the State of New York · 1955
7 more not listed; retrieve them via the Exa API.