Fitzgerald v. Supreme Council of Catholic Mut. Ben. Ass'n
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, Oswego county. Action by Michael Fitzgerald against the Supreme Council of the Catholic Mutual Benefit Association. There was a judgment for defendant, and plaintiff appeals.
1Opinion of the CourtMcLENNAN, J.
Assuming that the answers of the insured to the questions in the application and in the medical examiner’s report above referred to were false and untrue, it becomes important to determine whether such answers were warranties, or misrepresentations only. If such answers were warranties, then, clearly, no recovery can be had; and it is of no consequence that the answers were immaterial, cr that they were made in good faith. A complete defense is established by proving the answers and their falsity. 1 May, Ins. § 156 “A breach of warranty is equally fatal, whether the thing warranted be…
2Cases cited17 opinions
- National Bank v. Insurance Co.Supreme Court of the United States · 1878
- Campbell v. New England Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1867
- Dilleber v. . Home Life Insurance Co.New York Court of Appeals · 1877
- Ripley v. . the &198tna Ins. Co.New York Court of Appeals · 1864
- Jefferson Insurance v. H. & D. Cotheal.New York Supreme Court · 1831
12 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Continental Casualty Co. v. OwenSupreme Court of Oklahoma · 1913
- Mutual Life Ins. Co. of New York v. MorganSupreme Court of Oklahoma · 1913
- Merchants Reserve Life Insurance v. RichardsonIndiana Court of Appeals · 1918
- Alden v. Supreme Tent of Knights of Maccabees of WorldAppellate Division of the Supreme Court of the State of New York · 1902
- Schane v. Metropolitan Life Ins.Appellate Division of the Supreme Court of the State of New York · 1902