Hamberg v. Mutual Life Insurance Co. of New York

Mr. Presiding Justice O’Connor

specially concurring: I agree that the judgment should be reversed for the reason that the undisputed evidence shows that the answers given by the assured to the questions asked of him were knowingly false. But I am unable to agree with the construction given to § 154 of the Insurance Code of 1937. That section provides that no representation or false warranty made by the insured, etc., shall defeat or avoid the policy unless such misrepresentation or false warranty are attached to the policy. The section then continues: “No such misrepresentation or false…