Legal Opinion

Osterhoudt v. Prudential Insurance Co. of America

Appellate Division of the Supreme Court of the State of New York

Decided December 30, 1909PublishedCited by 3 opinions

Appeal by the defendant, The Prudential Insurance Company of America, from a judgment of the County Court of Ulster county in favor of the plaintiff, entered in the office of the cleric of said •county on the 24th day of July, 1909, upon the decision of the court, the case having been taken from the jury. By the judgment the plaintiff recovered upon a life insurance policy upon the life of Julia Yandermark, payable to her estate.

1Opinion of the Court

Kellogg, J. :

The policy was obtained upon a forged application containing answers clearly false, and without a medical examination, upon the life of a woman in a consumptive family, who was sick at the time. The policy was upon the life of the plaintiff’s sister. They resided *124in the little village, of Bosendale, and had apparently resided there for years, The plaintiff clearly knew the family history and her ' state of health. ' He gives no account of the circumstances under which the policy was delivered to him. It was taken out without the knowledge or consent of the sister. He says he…

2Cited by3 opinions

  1. Lothrop v. Allstate Life InsuranceNew York Supreme Court · 1970
  2. Osterhoudt v. Prudential Ins. Co. of AmericaAppellate Division of the Supreme Court of the State of New York · 1911
  3. Osterhoudt v. Prudential Insurance of AmericaAppellate Division of the Supreme Court of the State of New York · 1913

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