Stanulevich v. . St. Lawrence Life Association
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered May 11, 1918, unanimously affirming a judgment in favor of plaintiff entered upon a verdict. The defendant issued an insurance policy to the plaintiff indemnifying the plaintiff for loss of time by sickness. The plaintiff claimed that he was entitled to the amount sued for by reason of his illness.
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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered May 11, 1918, unanimously affirming a judgment in favor of plaintiff entered upon a verdict. The defendant issued an insurance policy to the plaintiff indemnifying the plaintiff for loss of time by sickness. The plaintiff claimed that he was entitled to the amount sued for by reason of his illness. The material defense is that the plaintiff in making the application for this policy, which, in pursuance of section 58 of the Insurance Law (Cons. Laws, ch. 28), was…
1Per curiam
Upon the authority of Bollard v. N. Y. Life Insurance Co., decided January 27, 1920 (228 N. Y. 521), and Baumann v. Preferred Accident Insurance Co. (225 N. Y. 480), the application being a part of the policy, the insured and assured are bound by its terms, as it is part of the contract of insurance. The application in question was signed by the plaintiff. The plaintiff cannot maintain his present action and the judgment and order appealed' from should, therefore, be reversed, and the complaint dismissed, with costs in all courts.
His cock, Ch. J., Collin, Hogan, Pound, McLaughlin, Andrews and…
2Cases cited2 opinions
- Baumann v. . Preferred Accident Ins. Co.New York Court of Appeals · 1919
- Bollard v. . New York Life Insurance CompanyNew York Court of Appeals · 1920
3Cited by24 opinions
- Minsker v. John Hancock Mutual Life InsuranceNew York Court of Appeals · 1930
- Bible v. John Hancock Mutual Life InsuranceNew York Court of Appeals · 1931
- Texas State Mut. Fire Ins. v. RichbourgTexas Commission of Appeals · 1924
- Satz v. Massachusetts Bonding & InsuranceNew York Court of Appeals · 1926
- Hein v. Family Life InsuranceWashington Supreme Court · 1962
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