Horn v. Amicable Mutual Life Insurance
New York Supreme Court
APPEAL, by the defendant, from a judgment entered on a verdict of a jury. The action was brought by the plaintiffs as executors of John Wahl, deceased, upon a policy of insurance issued by the defendant upon the life of the testator.
1Opinion of the Court
By the Court, Leonard, J.
It is insisted, for the defendant, that the statements of the insured, in his application for the policy, must be taken as warranties. These statements are incorporated and made part of the policy, and if the knowledge of the insured, concerning his health, or his vital organs, is of the same certain character as that of applicants for marine and fire risks, there can be no doubt that the'rule of construction should be the same.
In applications for marine and fire policies, the statements relate to material facts, and it is negligence or fraud on the part of the…
2Cited by4 opinions
- Sommer v. Guardian Life Insurance Co. of AmericaNew York Court of Appeals · 1939
- Numrich v. Supreme Lodge Knights & Ladies of HonorCity of New York Municipal Court · 1889
- Barteau v. Phœnix Mutual Life InsuranceNew York Supreme Court · 1874
- Baum v. Mutual Life InsuranceAppellate Terms of the Supreme Court of New York · 1914