New York Life Ins. v. Wertheimer
District Court, N.D. Ohio
In Equity. Suit by the New York Life Insurance Company against Benjamin Wertheimer and others. Decree for complainant.
1Opinion of the Court
WESTENHAVER, District Judge.
This action is brought to compel the surrender and cancellation of two insurance policies issued by plaintiff upon the life of Benjamin Wertheimer, one for $5,000, dated February 12, 1918, for the benefit of his wife, Hattie S. Werth-eimer, and the other for $3,500, dated July 31, 1918, for the benefit of his said wife and a son M. Albert Wertheimer.. Both policies contain clauses making them incontestable upon any ground after two years *731from the date of issue. Plaintiff alleges that in August, 1919, it discovered for the first time that the insured was not, when…
2Cases cited11 opinions
- Mutual Life Insurance Co. of New York v. Hilton-GreenSupreme Court of the United States · 1916
- Claflin v. Commonwealth InsuranceSupreme Court of the United States · 1884
- National Bank v. Insurance Co.Supreme Court of the United States · 1878
- Brown v. Metropolitan Life InsuranceMichigan Supreme Court · 1887
- Mutual Life Ins. Co. of New York v. Hurni Packing Co.Court of Appeals for the Eighth Circuit · 1919
6 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Prudential Ins. Co. of America v. SameCourt of Appeals for the D.C. Circuit · 1943
- Hurt v. New York Life Ins. Co.Court of Appeals for the Tenth Circuit · 1931
- Cooley v. Metropolitan Life Ins. Co.Supreme Court of South Carolina · 1929
- Union Indemnity Co. v. DoddCourt of Appeals for the Fourth Circuit · 1927
- Subar v. New York Life Ins.Court of Appeals for the Sixth Circuit · 1932
18 more not listed; retrieve them via the Exa API.