Bernard v. United Life Insurance
New York Court of Common Pleas
Appeal from city court, general term. Action by Mary 0. Bernard against the United Life Insurance Association on a policy of life insurance. The answers in the application were made part of the policy and warranties, whether written by the applicant or not; and plaintiff agreed that “the person taking this application shall be the agent of the applicant.” From a judgment of the city court (32 FT.
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Appeal from city court, general term. Action by Mary 0. Bernard against the United Life Insurance Association on a policy of life insurance. The answers in the application were made part of the policy and warranties, whether written by the applicant or not; and plaintiff agreed that “the person taking this application shall be the agent of the applicant.” From a judgment of the city court (32 FT. Y. Supp. 223) affirming a judgment entered on a dismissal of the complaint, plaintiff appeals.
1Opinion of the CourtPryor, J.
The complaint was dismissed upon a misapprehension of the case. The learned trial judge conceived plaintiff’s contention to be that the condition in the application had been waived by the defendant; and he ruled, correctly enough, that such waiver was ineffectual, because not by an authorized agent, nor in writing, signed by the president or vice president and secretary or assistant secretary of the company, in conformity with the terms of the policy. The decision at general term proceeded on the same theory of inoperative waiver. The claim of the plaintiff, however, as disclosed by the…
2Cases cited6 opinions
- Insurance Co. v. WilkinsonSupreme Court of the United States · 1872
- O'Brien v. . Home Benefit SocietyNew York Court of Appeals · 1889
- Whited v. . Germania Fire Ins. Co.New York Court of Appeals · 1879
- Miller v. . Phoenix Mutual Life Ins. Co.New York Court of Appeals · 1887
- Bentley v. Owego Mut. Ben. Ass'nNew York Supreme Court · 1889
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3Cited by3 opinions
- Bernard v. United Life InsuranceAppellate Terms of the Supreme Court of New York · 1896
- Boylan v. Prudential InsuranceAppellate Terms of the Supreme Court of New York · 1896
- Barnard v. United Life InsuranceCity of New York Municipal Court · 1896