Bowen v. Preferred Accident Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Preferred Accident Insurance Company of New York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 24th day of April, 1902, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 18th day of April, 1902, denying the'defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hirsohberg, J.:
The plaintiff has recovered a judgment upon a policy of accident insurance issued upon her husband’s life. He died by accident on August 14, 1895. Two defenses were litigated ; one, that the insured falsely warranted his age at his nearest birthday to be sixty years at the time that he applied for the policy, his written application hawing been accepted by the defendant on June 20, 1893, but the date on which it was made not appearing in the record ; and the other that the action, which was presumably commenced on or after August 13, 1896, as the summons is dated on that day,…
2Cases cited6 opinions
- Parmelee v. . Hoffman Fire Ins. Co.New York Court of Appeals · 1873
- Shelton v. Merchants' Dispatch Transportation Co.New York Court of Appeals · 1874
- In re Account of SeaburyAppellate Division of the Supreme Court of the State of New York · 1896
- National Life Ass'n v. SturtevantNew York Supreme Court · 1894
- Schmitt v. National Life Ass'nNew York Supreme Court · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Allen v. Dutchess County Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1904
- Conte v. Yorkshire InsuranceNew York Supreme Court · 1957
- Cordell v. Metropolitan Life InsuranceCourt of Appeals of Georgia · 1936
- Aktiebolaget Malareprovinsernas Bank v. Hanover Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1925
- Wilson v. Central InsuranceAppellate Division of the Supreme Court of the State of New York · 1909