Volker v. Metropolitan Life Insurance
New York Court of Common Pleas
Appeal from ninth district court. Action by Louise Volker against the Metropolitan Life Insurance Company on two policies of insurance on the life of plaintiff’s husband. From a judgment in plaintiff’s favor, defendant appeals. Reversed.
1Opinion of the CourtBischoff, J.
The judgment appealed from is plainly unauthorized by the evidence, and should be reversed. , Plaintiff’s recovery was upon one of the policies only, and this provided as follows: “No obligation is assumed by the company prior to the date hereof, nor unless upon said date the assured is alive and in sound health.” On the trial it appeared conclusively that, for upwards of three years before the date of the policy, the assured was afflicted with chronic asthma to such an extent that he was unable to pursue his usual calling, and that this ailment, accompanied by subsequent and resultant…
2Cited by6 opinions
- Dibble v. Reliance Life InsuranceCalifornia Supreme Court · 1915
- Lee v. Prudential Life InsuranceMassachusetts Supreme Judicial Court · 1909
- Thompson v. Travelers InsuranceNorth Dakota Supreme Court · 1904
- Michigan Mutual Life Insurance v. ThompsonIndiana Court of Appeals · 1908
- Metropolitan Life Insurance v. HillardOhio Court of Appeals · 1913
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