Legal Opinion
In re the Estate of Valverde
New York Surrogate's Court
Decided June 28, 1933PublishedCited by 3 opinions
1Opinion of the Court
Wingate, S.
The logical effect of the main argument of counsel for the movant herein would result in a thesis which neither he nor any other competent attorney would care to postulate. It is in substance that since section 101, subdivision 3, of the Insurance Law gives to the insurer the sole option to make the application for the policy a part of the contract, such application, if the option be exercised, should not be considered by the court in an interpretation of the contract of insurance. While Becker v. Colonial Life Ins. Co. (153 App. Div. 382) and Archer v. Equitable Life Assur. Soc.…
2Cases cited9 opinions
- Manson v. . CurtisNew York Court of Appeals · 1918
- White v. . HoytNew York Court of Appeals · 1878
- Fleischman v. . FurguesonNew York Court of Appeals · 1918
- McGowin v. . MenkenNew York Court of Appeals · 1918
- Dunn v. New Amsterdam Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1910
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3Cited by3 opinions
- In re the Estate of CorliesNew York Surrogate's Court · 1934
- In re the Estate of ConoverNew York Surrogate's Court · 1965
- Allick v. Columbian Protective Ass'nNew York Supreme Court · 1945