Legal Opinion

Berkshire Life Insurance v. Weinig

New York Supreme Court

Decided January 9, 1942PublishedCited by 2 opinions

1Opinion of the CourtBenvenga, J.

In the application for insurance, which is made a part of the policy, defendant, represented that neither of. his parents nor any of his brothers or sisters had died of, or been afflicted with, insanity. He is not afflicted with any form of mental disorder. But he is now, and has for some time been, suffering from a disabling stomach disorder, and has been receiving a stated monthly income from plaintiff. Nevertheless, the representation aforesaid is material; it is false, and the evidence establishes that it was known by defendant to be false at the time he made it. Consequently, the…

2Cases cited6 opinions

  1. Steinberg v. New York Life InsuranceNew York Court of Appeals · 1933
  2. Janneck v. Metropolitan Life InsuranceNew York Court of Appeals · 1900
  3. Jenkins v. John Hancock Mutual Life InsuranceNew York Court of Appeals · 1931
  4. Guardian Life Insurance Co. of America v. KatzAppellate Division of the Supreme Court of the State of New York · 1934
  5. People v. . Mercantile Credit Guarantee Co.New York Court of Appeals · 1901

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

3Cited by2 opinions

  1. Johnson v. the Great Northern L. Ins. Co.North Dakota Supreme Court · 1945
  2. Berkshire Life Insurance v. WeinigAppellate Division of the Supreme Court of the State of New York · 1942

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