Phoenix Mutual Life Insurance v. Conway
New York Court of Appeals
1Opinion of the CourtFuld, J.
In October, 1959, Mrs. Lillian Conway made a written application to the plaintiff, Phoenix Mutual Life Insurance Company, for a $25,000 life insurance policy on her life and thereafter (on October 16) the insurance company issued such a policy. The insured died some nine months later, in July of 1960. Assertedly discovering that she had fraudulently misrepresented certain factsxm her application, the plaintiff on September 15,1960 notified the-4efendants, the beneficiaries named in the policy, that it “rescinded” the policy and tendered its check for the premiums paid.
The policy contained a…
2Cases cited6 opinions
- Beacon Theatres, Inc. v. WestoverSupreme Court of the United States · 1959
- American Life Insurance v. StewartSupreme Court of the United States · 1937
- O'Connor v. PapertsianNew York Court of Appeals · 1956
- MacKellar v. . RogersNew York Court of Appeals · 1888
- Hogan v. FrankenAppellate Division of the Supreme Court of the State of New York · 1927
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- DANIELS, ERICA v. RUMSEY, FRANCES A.Appellate Division of the Supreme Court of the State of New York · 2013
- MOTOR VEHICLE MFRS. v. StateNew York Court of Appeals · 1990
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