Stanulevich v. St. Lawrence Life Ass'n
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, St. Lawrence Life Association, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Dutchess on the 5th day of July, 1917, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 19th day of June, 1917, denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Blackmar, J.:
The action was brought to recover sick benefits under a policy of insurance issued by the defendant, called the ideal accident and health policy, which insured against loss of life, limb, sight or time by accident or sickness. The answer interposed sets up eight separate defenses of new matter; but the real contest is on an alleged false representation by the plaintiff in his application for the policy.
A form for an application is printed on the policy and is in the shape of a statement to be signed by the assured. Among other matters, the printed application form reads: “ I have…
2Cases cited3 opinions
- Sternaman v. . Metropolitan Life Ins. Co.New York Court of Appeals · 1902
- Archer v. Equitable Life Assurance Society of the United StatesNew York Court of Appeals · 1916
- Bollard v. New York Life InsuranceAppellate Terms of the Supreme Court of New York · 1917
3Cited by3 opinions
- Sparer v. Travelers Insurance of HartfordAppellate Division of the Supreme Court of the State of New York · 1919
- Grubiak v. John Hancock Mutual Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1925
- Kwiatkowski v. Brotherhood of American YeomenAppellate Division of the Supreme Court of the State of New York · 1926