O'Rourke v. John Hancock Mut. Life Ins.
New York District Court
Action by Margaret O’Rourke against the John Hancock Mutual Life Insurance Company on a life insurance policy. Judgment for plaintiff.
1Opinion of the CourtGoldfogle, J.
The defendant seeks to avoid liability upon its policy of insurance upon three alleged grounds: First, that there was fraud or false warranty in the making of the application for insurance; second, that the beneficiary failed to furnish proof of death as required by the policy; third, that under the insurance law the policy is void, owing to the fact that at the time of the insurance there was another policy in existence upon the life of the minor, to the amount of $30, the maximum sum permitted in a policy on the life of a minor under the age of two years.
It appears from the proofs in the…
2Cases cited5 opinions
- Grattan v. . Metropolitan Life Ins. Co.New York Court of Appeals · 1880
- Insurance Company v. MahoneSupreme Court of the United States · 1875
- O'Brien v. . Home Benefit SocietyNew York Court of Appeals · 1889
- Miller v. . Phoenix Mutual Life Ins. Co.New York Court of Appeals · 1887
- Baumiller v. Workingman's Co-operative Ass'nNew York Court of Common Pleas · 1894