Legal Opinion
Bernard v. United Life Insurance
Appellate Division of the Supreme Court of the State of New York
Decided February 15, 1897PublishedCited by 12 opinions
■ Appeal by the defendant, the United Life Insurance Association, "Iby per mission,, from a judgment and order of the Appellate Term ■■
1Opinion of the Court
Williams, J.:
Action to recover upon a policy of life insurance issued by the defendant upon the life of Elizabeth A. Kelly for the benefit of the plaintiff. Defense, breach of warranty, in that certain statements and answers contained in the application upon winch the policy was issued were untrue. The application, among other things, provided:
“ It is hereby agreed that the answers and statements in this application (Parts 1 and 2), whether written by the applicant or not, are warranted to be full, complete and true, and that this agreement and the constitution or by-laws of the association,…
2Cases cited3 opinions
- Insurance Co. v. WilkinsonSupreme Court of the United States · 1872
- New York Life Insurance v. FletcherSupreme Court of the United States · 1886
- Rohrbach v. . Germania Fire Ins. Co.New York Court of Appeals · 1875
3Cited by12 opinions
- O'Farrell v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1897
- Hamilton v. Fidelity Mutual Life Ass'nAppellate Division of the Supreme Court of the State of New York · 1898
- Reilly v. Empire Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1904
- Wells v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1897
- Hamilton v. Fidelity Mut. Life Ass'nAppellate Division of the Supreme Court of the State of New York · 1898
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