Legal Opinion
Kocak v. Metropolitan Life Insurance
New York Supreme Court
Decided July 14, 1932PublishedCited by 7 opinions
1Opinion of the CourtMcNaught, J.
The insured having died within less than two years after the issuance of the policy in question and this action being brought after the expiration of more than two years from the date of issue, the sole question for determination is whether under the language of the incontestability clause contained in the policy issued by defendant it may now seek to avoid payment of the policy by a defense alleging fraud or misrepresentation in the application made by the insured.
If the policy is now incontestable it cannot be avoided by the defense set forth in the answer and the motion of plaintiff should…
2Cases cited18 opinions
- Mutual Life Insurance v. Hurni Packing Co.Supreme Court of the United States · 1923
- Janneck v. Metropolitan Life InsuranceNew York Court of Appeals · 1900
- Travelers Insurance v. Louis Padula Co.New York Court of Appeals · 1918
- Jefferson Standard Life Ins. v. McIntyreCourt of Appeals for the Fifth Circuit · 1923
- McCormack v. Security Mutual Life InsuranceNew York Court of Appeals · 1917
13 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Durant v. Motor Vehicle Accident Indemnification Corp.Appellate Division of the Supreme Court of the State of New York · 1964
- Grana v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1932
- Dempsey v. National Life & Accident InsuranceAppellate Court of Illinois · 1949
- Public Service Commission v. Grand Central Cadillac Renting Corp.Appellate Division of the Supreme Court of the State of New York · 1948
- Shannon v. Metropolitan Life InsuranceCity of New York Municipal Court · 1933
2 more not listed; retrieve them via the Exa API.