Legal Opinion

Becker v. Colonial Life Insurance

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

Decided November 22, 1912PublishedCited by 20 opinions

Appeal by the defendant, The Colonial Life Insurance Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the llth day of February, 1912, upon the verdict of a jury, also from an order entered in said clerk’s office on the 16th day of February, 1912, denying the defendant’s motion for a new trial made upon the minutes, and also from an order entered on the 29th day of January, 1912, striking out…

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Appeal by the defendant, The Colonial Life Insurance Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the llth day of February, 1912, upon the verdict of a jury, also from an order entered in said clerk’s office on the 16th day of February, 1912, denying the defendant’s motion for a new trial made upon the minutes, and also from an order entered on the 29th day of January, 1912, striking out part of defendant’s amended answer.

1Opinion of the Court

Burr, J.:

This action is brought upon a life insurance policy. The issuing of the policy payable to ■ plaintiff, the death of the insured, and the service of proofs of death are admitted. By its amended answer defendant alleged that the policy was issued in reliance upon a written application therefor, which was made a part thereof, and also upon a medical examination of plaintiff’s testator, made by a physician on behalf of defendant; that in said written application he willfully made false and • fraudulent statements as to his previous and future occupation, as to his then and previous…

2Cases cited14 opinions

  1. Brackett v. . GriswoldNew York Court of Appeals · 1889
  2. Rector, Etc. v. . TeedNew York Court of Appeals · 1890
  3. Empire Life Insurance v. GeeSupreme Court of Alabama · 1911
  4. Johnson v. American National Life InsuranceSupreme Court of Georgia · 1910
  5. Manhattan Life Insurance v. VerneuilleSupreme Court of Alabama · 1908

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

3Cited by20 opinions

  1. Perma Research & Development Co. v. Singer Co.District Court, S.D. New York · 1975
  2. Tannenbaum v. Provident Mutual Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1976
  3. Schuler v. Metropolitan Life InsuranceMissouri Court of Appeals · 1915
  4. Richman v. Brookhaven Servicing Corp.Suffolk County District Court · 1975
  5. Cohen v. CohenNew York Court of Appeals · 1957

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

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