Legal Opinion
New York Life Ins. v. Stewart
Court of Appeals for the Fifth Circuit
Decided April 12, 1934No. 7165PublishedCited by 11 opinions
1Opinion of the Court
WALKER, Circuit Judge.
The appellant issued a policy of insiir-once, dated Fcbruary 2J, 193it, on the life of Jesse L. Stewart, who died on Oetober 28, 1931. That policy was issued in pursuance off, a written application, signed by the insured, which was attached to the policy and expressly made a part of it. That application contained the following questions and answers thereto:
"7 A. have you had any accident or injury or undergone any surgical operation'?" "NO".
"7 B. Have you been under observation ~r treatment in any hospital, asylum or sanilarium?" "No."
"8 C. have you consulted a physician…
2Cases cited5 opinions
- New York Life Insurance v. FletcherSupreme Court of the United States · 1886
- Lumber Underwriters of NY v. RifeSupreme Court of the United States · 1915
- New York Life Ins. Co. v. McCarthyCourt of Appeals for the Fifth Circuit · 1927
- Franco v. New York Life Ins. Co.Court of Appeals for the Fifth Circuit · 1931
- ætna Life Ins. Co. v. BoldingCourt of Appeals for the Fifth Circuit · 1932
3Cited by11 opinions
- Jefferson Standard Life Ins. Co. v. ClemmerCourt of Appeals for the Fourth Circuit · 1935
- Obartuch v. Security Mut. Life Ins. Co.Court of Appeals for the Seventh Circuit · 1940
- Adamos v. New York Life Ins. Co.District Court, W.D. Pennsylvania · 1937
- Providence Washington Insurance Company v. Jacob Rabinowitz, Morris Rabinowitz, David Rabinowitz and Sol Goldstein, D/B/A Miami Diamond CenterCourt of Appeals for the Fifth Circuit · 1955
- Kavakos v. Equitable Life Assur. Soc.Court of Appeals for the D.C. Circuit · 1936
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