Lampke v. Metropolitan Life Insurance

Judgment and order affirmed, with costs. Memorandum: The question of knowledge of the company of the ill-health, previous disease and treatment by a physician on which to base waiver or estoppel was one of fact depending on statements of the insured to defendant’s soliciting agent and to defendant’s examining physician. (Bible v. John Hancock Mutual Life Ins. Co., 256 N. Y. 458; Salamida v. John Hancock Mutual Life Ins. Co., 148 Misc. 702; affd., 241 App. Div. 636.) As the credibility of defendant’s examining physician was for the jury, the jury could have found that there was no concealment…