Legal Opinion

Bernard v. United Life Insurance

Appellate Terms of the Supreme Court of New York

Decided May 15, 1896PublishedCited by 5 opinions

Appeal by. the defendant from a judgment of the General Term of the City Court, affirming a judgment for the plaintiff, which was rendered at Trial Term upon a verdict directed by the court. Action by the beneficiary against the insurer, upon a policy of life insurance; the defense litigated being the breach of the insured’s warranty of the truth of-certain answers to material questions propounded in the application upon which the policy was issued.

1Opinion of the CourtBischoff, J.

Upon the trial the plaintiff was permitted, under' objection and exception, to show by parol evidence that at the time of signing her application for the policy in suit the insured, communicated the actual facts to the person wlm solicited and took such application, and that the latter, without the knowledge or fault of the insured, intentionally inserted false answers to the questions propounded in the application blank. It also appeared in evidence that the person who solicited and took such application was, .at the time, in the regular employ of the defendant to solicit applications in the…

2Cases cited21 opinions

  1. Rowley v. . the Empire Insurance Co.New York Court of Appeals · 1867
  2. Rohrbach v. . Germania Fire Ins. Co.New York Court of Appeals · 1875
  3. Kausal v. Minnesota Farmers' Mutual Fire InsuranceSupreme Court of Minnesota · 1883
  4. Gans v. St. Paul Fire & Marine InsuranceWisconsin Supreme Court · 1877
  5. Hermann v. Niagara Fire InsururanceNew York Court of Appeals · 1885

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3Cited by5 opinions

  1. Royal Neighbors of America v. BomanIllinois Supreme Court · 1898
  2. Boylan v. Prudential InsuranceAppellate Terms of the Supreme Court of New York · 1896
  3. Isaacs v. Equitable Life Assurance Society of the United StatesNew York Supreme Court · 1921
  4. Matthews v. American Central InsuranceAppellate Division of the Supreme Court of the State of New York · 1896
  5. Matthews v. American Central InsuranceAppellate Division of the Supreme Court of the State of New York · 1896

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