Fletcher v. Bankers Life Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Bankers Life Insurance Company of the City of New York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 13th day of April, 1909, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 16th day of April, 1909, denying the defendant’s-motion for a new trial made upon the minutes.
1Opinion of the Court
Ingraham, J.:
This action was brought upon a policy of life insurance issued by the defendant on July, 12, 1906, by which the defendant undertook to pay to the plaintiff the sum of $2,500 upon the death of Walter Fletcher. The defense was a false statement made by the insured to the medical examiner of the company, upon which the defendant • issued the policy in suit. It seems that in the year before the deceased had applied for insurance in the Life Association of America, and on his medical examination upon that application he vyas asked how long since he had consulted a physician, and in…
2Cited by2 opinions
- The Mutual Life Ins. Co. v. DentonSupreme Court of Florida · 1927
- Wolowitch v. National Surety Co.Appellate Division of the Supreme Court of the State of New York · 1912