Alden v. Supreme Tent of the Knights of the MacCabees of the World
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 26, 1902, reversing a judgment in favor of defendant entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in "the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 26, 1902, reversing a judgment in favor of defendant entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in "the opinion. An untrue misrepresentation if material avoids a certificate of insurance whether made intentionally or through mistake or in good faith and the Appellate Division erred in holding that bad faith on the part of the applicant Alden was necessary in the case at bar to avoid the certificate.…
1Opinion of the CourtCullen, J.
The action was brought to recover the amount of a benefit certificate issued by the defendant to the plaintiff’s husband payable to the plaintiff on the death of said husband. The defendant admitted the issue of the certificate as alleged in the complaint and set up as a defense to its liability that the certificate was issued on a written application of the deceased whereby he agreed that any untruthful or fraudulent answers, any suppression of facts in regard to his health, age, habits or circumstances, should vitiate the certificate and forfeit all payments made thereon. It further alleged…
2Cases cited5 opinions
- Boos v. . World Mutual Life Insurance Co.New York Court of Appeals · 1876
- Third Avenue R.R. Co. v. . EblingNew York Court of Appeals · 1885
- McCollum v. New York Mutual Life InsuranceNew York Supreme Court · 1889
- Vollkommer v. . CodyNew York Court of Appeals · 1904
- Kemp v. Good Templars' Mut. Ben. Ass'nNew York Supreme Court · 1892
3Cited by25 opinions
- Hathaway v. . County of DelawareNew York Court of Appeals · 1906
- Mutual Life Ins. v. DibrellTennessee Supreme Court · 1916
- Ebner v. Ohio State Life InsuranceIndiana Court of Appeals · 1918
- Kraus v. . BirnbaumNew York Court of Appeals · 1910
- Peterson v. Manhattan Life InsuranceIllinois Supreme Court · 1910
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