Legal Opinion
Fernandez v. Windsor Life Insurance Co. of America
New York Supreme Court
Decided August 1, 1975PublishedCited by 8 opinions
1Opinion of the CourtEdwin Kassoff, J.
Plaintiff seeks to recover $250,000 under a policy of insurance on the life of her late husband, Rosendo Fernandez. Defendant has declined to pay the proceeds of the policy to the plaintiff and has tendered to plaintiff all of the premiums paid for the policy because, in applying for the policy, defendant alleges that Rosendo Fernandez made material misrepresentations as to his health and medical history and, if said misrepresentations were known to defendant, it would not have issued the policy.
On October 16, 1973 the deceased filled out and signed an application for life insurance with…
2Cases cited18 opinions
- Brackett v. . GriswoldNew York Court of Appeals · 1889
- Arthur v. . GriswoldNew York Court of Appeals · 1874
- Geer v. Union Mutual Life InsuranceNew York Court of Appeals · 1937
- Eastern District Piece Dye Works, Inc. v. Travelers InsuranceNew York Court of Appeals · 1923
- Vander Veer v. Continental Casualty Co.New York Court of Appeals · 1974
13 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Friedman v. Prudential Life Insurance Co. of AmericaDistrict Court, S.D. New York · 1984
- L.W.C. Agency, Inc. v. St. Paul Fire & Marine InsuranceAppellate Division of the Supreme Court of the State of New York · 1986
- Amrep Corp. v. American Home Assurance Co.Appellate Division of the Supreme Court of the State of New York · 1981
- Cohen v. Mutual Benefit Life InsuranceDistrict Court, E.D. New York · 1986
- Kulikowski v. Roslyn Savings BankAppellate Division of the Supreme Court of the State of New York · 1986
3 more not listed; retrieve them via the Exa API.