Legal Opinion

Cherkes v. Postal Life Insurance

Appellate Division of the Supreme Court of the State of New York

Decided March 22, 1955PublishedCited by 21 opinions

1Opinion of the CourtPeck, P. J.

Plaintiff has recovered judgment, entered upon a verdict, on a policy of life insurance issued by defendant. The defense to the action was an assertion of material misrepresentations made by the insured in his application for the policy.

In answer to the questions "When and by whom have you had a periodic or health examination? ” and “ Name all symptoms, diseases or disorders for which you have consulted a physician or sought treatment during the last five years ”, the insured made reference only to an operation in the year 1949 for the removal of his gall bladder and to the preoperative…

2Cases cited1 opinion

  1. Zeldman v. Mutual Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1945

3Cited by21 opinions

  1. Fleet Messenger Service, Inc. v. Life Insurance Company of North AmericaCourt of Appeals for the Second Circuit · 1963
  2. Friedman v. Prudential Life Insurance Co. of AmericaDistrict Court, S.D. New York · 1984
  3. Metropolitan Life Insurance v. BlumAppellate Division of the Supreme Court of the State of New York · 1959
  4. Mutual Benefit Life Insurance v. MorleyDistrict Court, S.D. New York · 1989
  5. Myers v. Equitable Life Assurance Society of the United StatesAppellate Division of the Supreme Court of the State of New York · 1978

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