Flynn v. Equitable Life Assurance Society of the United States
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department affirming a judgment in favor of the plaintiffs, entered upon a verdict.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the third judicial department affirming a judgment in favor of the plaintiffs, entered upon a verdict. This action was upon a policy of life insurance issued by defendant upon the life of John H. Flynn, plaintiffs’ intestate, By the policy, the declarations and statements made in the application were warranted by the assured “to be in all respects true and without the suppression of any facts relating to the health or circumstances” of the assured, and it was declared that the violation of this condition in any respect rendered…
1Opinion of the CourtEael, J.
It is undisputed that certain statements contained in the application for the insurance as to the health of the assured and the physicians whom he had consulted were untrue, and that he should, on that account, have been defeated at the Circuit but for the evidence of Dr. Vedder.
The evidence tends to show that one Corey was the agent of the defendant to take applications for insurance. It does not appear where he resided nor how extensive 'his powers were. The utmost that can be claimed is that he was an agent to solicit and take applications for insurance.
Some time before April 20, 1871, the…
2Cases cited1 opinion
- Plumb v. . Cattaraugus Co. Mutual Insurance Company.New York Court of Appeals · 1858
3Cited by4 opinions
- Schiller v. Metropolitan Life InsuranceMassachusetts Supreme Judicial Court · 1936
- Flynn v. . Equitable Life Ins. Co.New York Court of Appeals · 1879
- Flynn v. Equitable Life Assurance SocietyNew York Supreme Court · 1878
- McArthur v. Globe Mutual Life InsuranceNew York Supreme Court · 1878