Legal Opinion

Metropolitan Life Insurance v. Schmidt

New York Court of Appeals

Decided July 19, 1949PublishedCited by 12 opinions

1Opinion of the CourtConway, J.

On March 24,1945, a policy of life insurance was issued in this State to one Schmidt. In order to conform to the mandate of paragraph (b) of subdivision 1 of section 155 of the Insurance Law, the issuing insurance company included in the policy, verbatim, the statutory provision regarding incontestability, viz., “ * * * This Policy shall be incontestable after it has been in force during the lifetime of the Insured for a period of two years from its date of issue, except for nonpayment of premiums * * *.” (Emphasis supplied.)

On March 24, 1947, the insurance company commenced this action for…

2Cases cited2 opinions

  1. Tismer v. . New York Edison Co.New York Court of Appeals · 1920
  2. Franklin v. John Hancock Mutual Life InsuranceNew York Court of Appeals · 1948

3Cited by12 opinions

  1. Security Mutual Life Insurance v. RodriguezAppellate Division of the Supreme Court of the State of New York · 2009
  2. Stella v. James J. Farley Ass'nNew York Supreme Court · 1953
  3. Sonotone Corp. v. LaddWisconsin Supreme Court · 1962
  4. In re the Estate of KupofskyNew York Surrogate's Court · 1951
  5. Union Mutual Life Insurance v. KevieAppellate Division of the Supreme Court of the State of New York · 1962

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