Legal Opinion
Burke v. First UNUM Life Ins. Co.
District Court, S.D. New York
Decided August 26, 1997No. 97 Civ. 1406(LAK)PublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM OPINION
KAPLAN, District Judge.
Misstatements and omissions in insurance applications are a frequent source of controversy. Insurance carriers often and understandably seek to avoid liability on policies which they would not have underwritten, or for which they would have charged more, had the applications fully and accurately disclosed all of the material facts. But the equities in such cases do not invariably lie only with the insurance carriers. Inaccuracies and omissions often are the product of misunderstanding and faulty recollection rather than fraud. Whatever their source,…
2Cases cited16 opinions
- Kramer v. Time Warner IncCourt of Appeals for the Second Circuit · 1991
- San Leandro Emergency Medical Group Profit Sharing Plan v. Philip Morris Companies, Inc.Court of Appeals for the Second Circuit · 1996
- Harsco Corp. v. SeguiCourt of Appeals for the Second Circuit · 1996
- American Life Insurance v. StewartSupreme Court of the United States · 1937
- Killian v. Metropolitan Life InsuranceNew York Court of Appeals · 1929
11 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Susan Terry v. Unum Life Insurance Company of America and National Life Insurance Company, No. 04-0947-CvCourt of Appeals for the Second Circuit · 2005
- Amex Assurance Co. v. CaripidesDistrict Court, S.D. New York · 2002
- Meardon v. Freedom Life InsuranceColorado Court of Appeals · 2018
- Carden v. First Unum Life InsuranceDistrict Court, S.D. New York · 1999