Legal Opinion
Schondorf v. SMA Life Assurance Co.
District Court, E.D. New York
Decided September 5, 1990No. CV-87-2961 (ADS)PublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM DECISION AND ORDER
SPATT, District Judge.
By way of the defendant’s motion for summary judgment, the Court is asked to determine whether certain undisputed misrepresentations made by the insured in his application for life insurance are “material” as a matter of law, thus voiding the resulting contract of insurance. Since at least some of the misrepresentations are “material” as a matter of law in that they induced the insurer to accept an application for a policy of insurance which it might otherwise not have accepted, the Court grants the defendant’s motion for summary judgment…
2Cases cited22 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- In Re "Agent Orange" Product Liability LitigationDistrict Court, E.D. New York · 1985
- Fed. Sec. L. Rep. P 94,847 National Union Fire Insurance Company of Pittsburgh, Pa. v. Chris M. Turtur and Stephen P. Turtur, D/B/A C & S Joint Venture, National Union Fire Insurance Company of Pittsburgh, Pa. v. Mario Turtur, Jr.Court of Appeals for the Second Circuit · 1989
- In Re "Agent Orange" Product Liability Litigation Mdl No. 381Court of Appeals for the Second Circuit · 1987
- Geer v. Union Mutual Life InsuranceNew York Court of Appeals · 1937
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3Cited by4 opinions
- National Union Fire Insurance Company of Pittsburgh, Pa. v. The Stroh Companies, Inc. And the Stroh Brewery CompanyCourt of Appeals for the Second Circuit · 2001
- Saint Calle v. Prudential Insurance Co. of AmericaDistrict Court, S.D. New York · 1993
- Gasaway v. Northwestern Mut. Life Ins. Co.District Court, D. Hawaii · 1993
- U.S. Express, Inc. v. Intercargo InsuranceDistrict Court, E.D. New York · 1994