Schane v. Metropolitan Life Ins.
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term. Action by Karoline Schane against the Metropolitan Life Insurance Company on a policy of life insurance, the defense being based on the breach of warranties of certain statements made by deceased to the medical examiner. From a judgment on a verdict for plaintiff, and from an order denying a new trial, defendant appeals.
1Opinion of the CourtParker, P. J.
The policy upon which this action is brought distinctly declares that the answers and statements contained in the application for the policy are “hereby made a part of this contract.” The policy itself is executed by the company, and seems to contain the obligations assumed by the company only. The application is a writing signed by the party for whose benefit the insurance is proposed, and by the person whose life is insured, and one of its purposes seems to be to specify the obligations which they, on their part, assume; and together they make the contract between the parties. The…
2Cases cited9 opinions
- Dwight v. . Germania Life Ins. Co.New York Court of Appeals · 1886
- Clemans v. Supreme Assembly Royal Society of Good FellowsNew York Court of Appeals · 1892
- Cushman v. United States Life InsuranceNew York Court of Appeals · 1875
- Fitzgerald v. Supreme Council of the Catholic Mutual Benefit Ass'nAppellate Division of the Supreme Court of the State of New York · 1899
- Clements v. Connecticut Indemnity Co.Appellate Division of the Supreme Court of the State of New York · 1898
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