Hanna v. Mutual Life Ass'n
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, Albany county. Action by Elizabeth Hanna against the Mutual Life Association of the City of Brooklyn on a policy of insurance. From a judgment entered on a verdict in favor of plaintiff, and from an order denying a motion for a new trial, defendant appeals.
1Opinion of the CourtParker, P. J.
The action is brought upon a policy of insurance issued by defendant to Edward Hanna, upon his life, for the benefit of his wife, the plaintiff in this action. Payment is resisted upon the ground that Edward Hanna, at the time he made application for the insurance, falsely warranted, among other things, that Dr. Zeh, the physician who certified to the condition of his health, on such application, was his attending physician; that he had not been prescribed for or attended by any other physician within four years then last past; that for the year then last past he had been in good health, and…
2Cases cited2 opinions
- Phillips v. New York Life InsuranceNew York Supreme Court · 1890
- Story v. United Life & Accident InsuranceNew York Supreme Court · 1889
3Cited by1 opinion
- Clements v. Connecticut Indemnity Co.Appellate Division of the Supreme Court of the State of New York · 1898