Legal Opinion

Jenkins v. John Hancock Mutual Life Insurance

New York Court of Appeals

Decided October 20, 1931PublishedCited by 24 opinions

1Opinion of the CourtPound, J.

The action is brought on a life insurance policy for $3,000 issued by the defendant on the life of Martha Jenkins without a medical examination. The policy was applied for on April 11, 1929. The insured died on July 27,1929. The cause of death was pulmonary tuberculosis.

In her written application for the policy, attached to and made a part thereof, the insured, having stated that she was at the time in good health, was asked the following question: “ Have you ever had or been treated for any of the following? Answer yes or no to each. If yes, give full particulars in space below.” Then…

2Cases cited5 opinions

  1. Minsker v. John Hancock Mutual Life InsuranceNew York Court of Appeals · 1930
  2. Cushman v. United States Life InsuranceNew York Court of Appeals · 1877
  3. Travelers Insurance v. PomerantzNew York Court of Appeals · 1927
  4. Nowak v. Brotherhood of American YeomenNew York Court of Appeals · 1928
  5. Nowak v. Brotherhood of American YeomenNew York Court of Appeals · 1930

3Cited by24 opinions

  1. Geer v. Union Mutual Life InsuranceNew York Court of Appeals · 1937
  2. L. Smirlock Realty Corp. v. Title Guarantee Co.Appellate Division of the Supreme Court of the State of New York · 1979
  3. Berkshire Life Insurance v. WeinigNew York Court of Appeals · 1943
  4. Sommer v. Guardian Life Insurance Co. of AmericaNew York Court of Appeals · 1939
  5. Anderson v. Aetna Life Ins. Co.New York Court of Appeals · 1934

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