Higgins v. . Phoenix Mutual Life Ins. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 10 Hun, 459.) This action was upon a policy of life insurance issued by defendant upon the life of Romeyn O. Higgins.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 10 Hun, 459.) This action was upon a policy of life insurance issued by defendant upon the life of Romeyn O. Higgins. The policy contained a provision, that “if any of the declarations or statements made in the application for this policy * * * shall be found in any respect untrue * * * this policy shall be null- and void.” The further facts appear sufficiently in the opinion. The statements in the application…
1Opinion of the CourtAllen, J.
The defense rests solely upon the alleged breach of warranty in the answer to the twenty-sixth interrogatory to the applicant for the policy, who was the person whose life was proposed to be insured. It was not claimed that there was a fraudulent suppression of any fact material to the risk, or of the truth in any matter, or a fraudulent misrepresentation, affecting the contract.
The interrogatory referred to was “ name and residence . of the family physician of the party, or of one whom the party has usually employed or consulted ? ” Answer: " Refer to Dr. A. T. Mills, Corning, N. Y.”
The…
2Cases cited1 opinion
- Baker v. . Home Life Insurance CompanyNew York Court of Appeals · 1876
3Cited by6 opinions
- Billings v. Metropolitan Life InsuranceSupreme Court of Vermont · 1898
- Continental Insurance v. PearceSupreme Court of Kansas · 1888
- Fitzgerald v. Supreme Council of Catholic Mut. Ben. Ass'nAppellate Division of the Supreme Court of the State of New York · 1899
- Mulville v. AdamsU.S. Circuit Court for the District of Northern New York · 1884
- L. Black Co. v. London Guarantee & Accident Co.Appellate Division of the Supreme Court of the State of New York · 1913
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