Legal Opinion
Malnati v. Metropolitan Life Insurance
Appellate Division of the Supreme Court of the State of New York
Decided April 1, 1938PublishedCited by 9 opinions
1Opinion of the Court
Action to recover on a life insurance policy in which the defendant pleaded and proved the defense of fraud. The trial court held that this defense was barred by the incontestability provision of the policy and awarded judgment to plaintiff. (165 Mise. 417.) Judgment unanimously affirmed, with costs. It is true that on a prior appeal in this case we held the defense was not barred by the incontestability provision. (220 App. Div. 53.) But subsequent to our decision the Court of Appeals, in another case, involving precisely the same provision, held to the contrary. (Kocak v. Metropolitan Life…
2Cases cited5 opinions
- United States Mortgage & Trust Co. v. RugglesNew York Court of Appeals · 1932
- In Re the Probate of the Last Will & Testament of LaudyNew York Court of Appeals · 1900
- McKenna v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1927
- Kocak v. Metropolitan Life Insurance CompanyNew York Court of Appeals · 1933
- United States Mortgage & Trust Co. v. RugglesAppellate Division of the Supreme Court of the State of New York · 1931
3Cited by9 opinions
- Foley v. RocheAppellate Division of the Supreme Court of the State of New York · 1982
- Thomas v. Board of Standards & AppealsAppellate Division of the Supreme Court of the State of New York · 1942
- Chance v. Guaranty Trust Co.New York Supreme Court · 1939
- United States v. BellUnited States Court of Military Appeals · 1957
- Deeves v. Fabric Fire Hose Co.Appellate Division of the Supreme Court of the State of New York · 1963
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