O'Rourke v. John Hancock Mut. Life Insurance
New York Court of Common Pleas
Appeal from Fifth district court. Action by Margaret O’Rourke against the John Hancock Mutual Life Insurance Company on a policy of life insurance. From a judgment rendered by the justice, without a jury, in favor of plaintiff, defendant appeals.
1Opinion of the CourtBischoff, J.
It is claimed that the plaintiff’s recovery upon the policy in suit is opposed to law upon three separate grounds: First, that it appears from the application for the policy that there had been a breach of warranty; second, that no proofs of death were filed with the defendant company; and, third, that this policy was obtained in contravention of section 55 of the insurance law (chapter 690, Laws 1892), regulating insurance upon the lives of infants. The facts in the case are practically uncontradicted, and these are that the insurance was effected through the solicitation of one of the…
2Cases cited12 opinions
- Warnock v. DavisSupreme Court of the United States · 1882
- Insurance Co. v. BaileySupreme Court of the United States · 1871
- Holmes v. . GilmanNew York Court of Appeals · 1893
- Rowley v. . the Empire Insurance Co.New York Court of Appeals · 1867
- Grattan v. . Metropolitan Life Ins. Co.New York Court of Appeals · 1880
7 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- McGuire v. Hartford Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1896
- Flynn v. Prudential Insurance Co. of AmericaNew York Court of Appeals · 1913
- Hagopian v. SamuelsonAppellate Division of the Supreme Court of the State of New York · 1932
- Flynn v. Prudential Insurance Co. of AmericaAppellate Division of the Supreme Court of the State of New York · 1911
- O'Rourke v. John Hancock Mut. Life InsuranceNew York Court of Common Pleas · 1895
1 more not listed; retrieve them via the Exa API.