Kemp v. Good Templars' Mut. Ben. Ass'n
New York Supreme Court
Exceptions from circuit court, Allegany county. Action by Oliver M. Kemp, executor of Samuel 0. Kemp, deceased, against the Good Templars’ Mutual Benefit Association for life insurance. Verdict was directed for defendant, and plaintiff moves for a new trial on exceptions •ordered to be heard in the first instance at the general term.
1Opinion of the CourtMacomber, J.
This action was brought to recover upon two certificates ■or policies of insurance issued by the defendant to Samuel C. Kemp, deceased. The answer alleged a forfeiture of the contract of insurance in three respects, ■only one of which, however, was urged upon the trial, and which alone can be considered upon this appeal That defense relates to a false warranty made by the assured in respect to the rejection, by another insurance company, of an application made by him for insurance. The question which was -asked and answered in the application was: “Has any life insurance company declined to…
2Cases cited3 opinions
- Edington v. . Aetna Life Ins. Co.New York Court of Appeals · 1879
- Clapp v. Massachusetts Benefit Ass'nMassachusetts Supreme Judicial Court · 1888
- McCollum v. New York Mutual Life InsuranceNew York Supreme Court · 1889
3Cited by3 opinions
- Alden v. Supreme Tent of the Knights of the MacCabees of the WorldNew York Court of Appeals · 1904
- Fidelity Mutual Life Ass'n v. McDanielIndiana Court of Appeals · 1900
- Fraternal Aid Union v. MillerSupreme Court of Oklahoma · 1925