Sternaman v. . Metropolitan Life Ins. Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered April 5, 1900, affirming a judgment in favor of defendant entered upon a verdict directed by the court. This action was brought to recover the sum of $1,000 alleged to be due on a policy of insurance issued by the defendant to the plaintiff, as beneficiary, upon the life of her husband, George H. Sternaman.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered April 5, 1900, affirming a judgment in favor of defendant entered upon a verdict directed by the court. This action was brought to recover the sum of $1,000 alleged to be due on a policy of insurance issued by the defendant to the plaintiff, as beneficiary, upon the life of her husband, George H. Sternaman. The policy recites that the promise to insure was made in consideration of the statements contained in the application, all of which are referred to as warranties-and made a…
1Opinion of the CourtVann, J.
The decision of this appeal turns substantially upon the following question: When an applicant for life insurance makes truthful answers to all questions asked by the medical examiner, who fails to record them as given and omits an important part, stating that it is unimportant, can the beneficiary show the answers actually given, in order to defeat a forfeiture claimed by the insurer on account of the falsity of the answers as recorded, even if it was agreed in the application that the medical examiner, employed and paid by the insurer only, should not be its agent, but solely the agent of…
2Cases cited17 opinions
- Insurance Co. v. WilkinsonSupreme Court of the United States · 1872
- Van Schoick v. . Niagara Fire Ins. Co.New York Court of Appeals · 1877
- Kenyon v. Knights Templar & Masonic Mutual Aid Ass'nNew York Court of Appeals · 1890
- Rohrbach v. . Germania Fire Ins. Co.New York Court of Appeals · 1875
- Grattan v. . Metropolitan Life Ins. Co.New York Court of Appeals · 1880
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- New York State Correctional Officers & Police Benevolent Ass'n v. StateNew York Court of Appeals · 1999
- Minsker v. John Hancock Mutual Life InsuranceNew York Court of Appeals · 1930
- Szerdahelyi v. HarrisNew York Court of Appeals · 1986
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