Legal Opinion
Shabashev v. New York Life Insurance
Appellate Division of the Supreme Court of the State of New York
Decided May 22, 1989PublishedCited by 6 opinions
1Opinion of the Court
In an action to recover the proceeds of a life insurance policy, the plaintiff beneficiary appeals from an order of the Supreme Court, Kings County (Williams, J.), dated June 7, 1988, which granted the defendant’s motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
Summary judgment was properly granted to the defendant based on the insured’s failure to furnish true answers about his heart condition and prior hospitalizations. The defendant’s uncontroverted proof of its underwriting practices established that these omissions induced the defendant…
2Cases cited5 opinions
- Geer v. Union Mutual Life InsuranceNew York Court of Appeals · 1937
- Vander Veer v. Continental Casualty Co.New York Court of Appeals · 1974
- Leamy v. Berkshire Life InsuranceNew York Court of Appeals · 1976
- Wageman v. Metropolitan Life InsuranceNew York Court of Appeals · 1966
- Wageman v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1965
3Cited by6 opinions
- Cutrone v. American General Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1993
- Gorra v. New York Life InsuranceAppellate Division of the Supreme Court of the State of New York · 2000
- Meagher v. Executive Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1994
- Roudneva v. Bankers Life InsuranceAppellate Division of the Supreme Court of the State of New York · 2006
- Schondorf v. SMA Life Assurance Co.District Court, E.D. New York · 1990
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