Piccininni v. Ætna Life Insurance

The action is upon a policy insuring against loss resulting directly and independently of all other causes from bodily injuries sustained during the term of the policy and effected solely through accidental means. The appellant recovered' judgment after a jury trial in the City Court of the City of New York, County of Queens. Upon appeal to the Appellate Term the judg*499ment was reversed and the complaint dismissed upon the ground that a false statement in the application for the policy materially affected the acceptance of the risk and the hazard assumed as a matter of law.

In our opinion it was…