Legal Opinion · Dissent

Alger v. Metropolitan Life Insurance

New York Supreme Court

Decided February 11, 1895Published

Appeal from Kings county court. Action by George Alger against the Metropolitan Life Insurance Company on a policy of insurance. From a judgment entered on the verdict directed by the court in favor of defendant, plaintiff appeals.

1Dissent

BROWN, P. J. (dissenting).

This action was brought to recover upon a policy of insurance issued by the defendant upon the life of Lucy E. Dalton. The written application for the insurance, which by the terms of the policy was made a part of the contract, and the answers and representations therein warranted by the insured to be strictly correct and wholly true, contained the following question: “Did parents, grandparents, brothers, sisters, uncles, or aunts ever have consumption, or any pulmonary * * * disease?” To this question the answer given was, “No.” It appeared from the proofs of loss,…

2Cases cited2 opinions

  1. Helwig v. Mutual Life InsuranceNew York Court of Appeals · 1892
  2. Lund v. Masonic Ass'nNew York Supreme Court · 1894

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