Foot v. Ætna Life Insurance Co. of Hartford
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas for the city and county - of New York, entered upon an order reversing a judgment entered in favor of plaintiff upon the verdict of a jury, and ordering judgment absolute in favor of the defendant. This action was upon a policy of insurance upon the life of Maj. Alfred Foot, plaintiff’s husband.
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Appeal from judgment of the General Term of the Court of Common Pleas for the city and county - of New York, entered upon an order reversing a judgment entered in favor of plaintiff upon the verdict of a jury, and ordering judgment absolute in favor of the defendant. This action was upon a policy of insurance upon the life of Maj. Alfred Foot, plaintiff’s husband. On the 24th day of January, 1867, the plaintiff, by her husband, made an application to the defendant for a policy of insurance upon his life. The application contained certain questions to be answered as to the health and condition…
1Opinion of the Court
Earl, C.
Parties to insurance contracts have the right to make their own bargains as in other cases. An insurance policy is to be construed like other contracts with the view to arrive at the intent of the parties. The rule that an insurance policy shall be construed most strongly against the insurer, can be resorted to only when, after using such helps as are proper to arrive at the intent of the parties, some of the language used, or some phrase inserted in the policy, is of doubtful import, in which case the rule should be applied because the insurer Wrote the. policy. Here it is clear that…
2Cases cited5 opinions
- Jennings v. Chenango Mutual InsuranceNew York Supreme Court · 1846
- Edmonston v. . McLoudNew York Court of Appeals · 1858
- Griffin v. . MarquardtNew York Court of Appeals · 1858
- Mutual Life Insurance v. WagerNew York Supreme Court · 1858
- Chaffee v. . Cattaraugus County Mutual Insurance CompanyNew York Court of Appeals · 1858
3Cited by66 opinions
- Schwarzbach v. Ohio Valley Protective UnionWest Virginia Supreme Court · 1885
- Heller v. . CohenNew York Court of Appeals · 1897
- Edington v. . Aetna Life Ins. Co.New York Court of Appeals · 1879
- Archer v. Equitable Life Assurance Society of the United StatesNew York Court of Appeals · 1916
- Gans v. Ætna Life Insurance Co. of HartfordNew York Court of Appeals · 1915
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