Legal Opinion

Phoenix Mutual Life Insurance v. Conway

New York Court of Appeals

Decided June 12, 1962PublishedCited by 35 opinions

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the plaintiff on September 15,1960 notified the-4efendants, the beneficiaries named in the policy, that it “rescinded” the policy and tendered its check for the premiums paid.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

  1. Beacon Theatres, Inc. v. WestoverSupreme Court of the United States · 1959
  2. American Life Insurance v. StewartSupreme Court of the United States · 1937
  3. O'Connor v. PapertsianNew York Court of Appeals · 1956
  4. MacKellar v. . RogersNew York Court of Appeals · 1888
  5. Hogan v. FrankenAppellate Division of the Supreme Court of the State of New York · 1927

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3Cited by35 opinions

  1. People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
  2. Andon v. 302-304 Mott Street AssociatesNew York Court of Appeals · 2000
  3. O'Brien v. Vassar Bros. HospitalAppellate Division of the Supreme Court of the State of New York · 1995
  4. DANIELS, ERICA v. RUMSEY, FRANCES A.Appellate Division of the Supreme Court of the State of New York · 2013
  5. MOTOR VEHICLE MFRS. v. StateNew York Court of Appeals · 1990

30 more not listed; retrieve them via the Exa API.

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