Legal Opinion
Arcese v. Equitable Life Assurance Society of the United States
New York Supreme Court
Decided November 20, 1961PublishedCited by 1 opinion
1Opinion of the CourtWilliam B. Groat, J.
This is an action brought by the beneficiary of an insurance policy issued by the defendant on the life of her deceased husband on July 18, 1957, to recover the face amount of said policy. The insured died of coronary sclerosis on January 6, 1958, within the contestability period. (Insurance Law, § 155, subd. 1, par. [b].)
The defenses asserted are (1) that the application for said policy contained material misrepresentations and (2) that the said policy had no legal inception because of the breach of the condition precedent that “ Any insurance applied for shall not take effect unless the…
2Cases cited11 opinions
- Geer v. Union Mutual Life InsuranceNew York Court of Appeals · 1937
- Drilling v. . New York Life Ins. Co.New York Court of Appeals · 1922
- Tolar v. Metropolitan Life InsuranceNew York Court of Appeals · 1948
- Cherkes v. Postal Life InsuranceNew York Court of Appeals · 1956
- Reznikoff v. Equitable Life Assurance Society of United StatesAppellate Division of the Supreme Court of the State of New York · 1943
6 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Gam v. Equitable Life Assurance Society of the United StatesNew York Supreme Court · 1971