Gans v. Ætna Life Insurance Co. of Hartford
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 19, 1914, upon an order reversing a judgment in favor of plaintiff entered upon a decision of the court, at a Trial Term, a jury having been waived, and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 19, 1914, upon an order reversing a judgment in favor of plaintiff entered upon a decision of the court, at a Trial Term, a jury having been waived, and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. The original term policy issued on April 5, 1907, and the policy in suit dated April 5,1912, are one entire contract between the insured and the defendant, and accordingly, in determining the rights…
1Opinion of the CourtCollin, J.
The action is upon two policies of insurance, issued by the defendant upon the life of Morris F. Hochstadter, payable upon his death to his executor. Inasmuch as the policies are identical in form and the facts applicable to each policy are the same, to preserve clearness and precision, they will be considered as one policy. The policy in suit, dated and issued April 5, 1912, provided that “ if the insured shall commit suicide within one year from the date hereof, while sane or insane, this policy shall be null and void.” Hochstadter committed suicide December 20, 1912. Those facts,…
2Cases cited6 opinions
- Dwight v. . Germania Life Ins. Co.New York Court of Appeals · 1886
- Bigelow v. Berkshire Life InsuranceSupreme Court of the United States · 1876
- Kratzenstein v. Western Assurance Co. of TorontoNew York Court of Appeals · 1889
- Wright v. Mutual Benefit Life Ass'nNew York Court of Appeals · 1890
- Foot v. Ætna Life Insurance Co. of HartfordNew York Court of Appeals · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Aetna Life Insurance v. DunkenSupreme Court of the United States · 1925
- Mutual Life Ins. Co. of New York v. LovejoySupreme Court of Alabama · 1917
- Levine v. Advest, Inc.Supreme Court of Connecticut · 1998
- United States Mortgage & Trust Co. v. RugglesNew York Court of Appeals · 1932
- Gram v. Mutual Life InsuranceNew York Court of Appeals · 1950
36 more not listed; retrieve them via the Exa API.