Kasprzyk v. Metropolitan Life Ins.
New York Supreme Court
Appeal from City Court of Buffalo. Action by Francisca Kasprzyk against the Metropolitan Life Insurance Company. From a judgment for plaintiff, defendant appeals. Reversed and new trial granted.
1Opinion of the CourtBissell, J.
This action was brought upon a policy of insurance issued February 24, 1911, upon the life of Leon B. Kasprzyk, for the benefit of his mother. The insured died June 29, 1911, from pulmonary tuberculosis as a primary cause and laryngeal tuberculosis as a contributing cause. The defense is based on misrepresentations *213made by the insured in his application for the policy. The application was separated into two parts, designated “A” and “B”; part “A” being information given by the applicant to the agent who wrote the application, and part “3” consisting of the statements made by the insured to…
2Cases cited9 opinions
- Campbell v. New England Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1867
- Dwight v. . Germania Life Ins. Co.New York Court of Appeals · 1886
- Hadcock v. . OsmerNew York Court of Appeals · 1897
- Armour v. Transatlantic Fire Insurance Co. of Hamburg, GermanyNew York Court of Appeals · 1882
- Wall v. Howard InsuranceNew York Supreme Court · 1852
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3Cited by6 opinions
- State Bank & Trust Co. v. Connecticut General Life InsuranceSupreme Court of Connecticut · 1929
- Germania Life Insurance v. KleinColorado Court of Appeals · 1913
- Lewis v. New York Life InsuranceCourt of Appeals of Kansas · 1919
- Germania Life Insurance v. KleinColorado Court of Appeals · 1913
- Livingston v. Union Central Life Ins. Co.Supreme Court of South Carolina · 1922
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