Volker v. Metropolitan Life Insurance
New York Court of Common Pleas
Appeal by defendant from a judgment of the District Court in the city of ¡New York for the ninth judicial district in favor of the plaintiff. Action by the beneficiary to recover upon two policies of insurance on the life of her husband.
1Opinion of the CourtBischoff, J.
The judgment appealed from is plainly unauthorized by the evidence, and should be reversed.
Plaintiff’s recovery was upon one of the policies only, and this provided as follows: “ No obligation is assumed by the company prior to the date hereof, nor, unless upon said date, the assured is alive and in sound health.”
On the trial it appeared conclusively that for upwards of three years before the date of the policy the assured was afflicted with chronic asthma to such an extent that he was unable to pursue his usual calling, and that this ailment, accompanied by subsequent and resultant…
Also in this document: Concurrence.
2Cited by4 opinions
- Dibble v. Reliance Life InsuranceCalifornia Supreme Court · 1915
- Cooley v. Metropolitan Life Ins. Co.Supreme Court of South Carolina · 1929
- Metropolitan Life Insurance v. HillardOhio Court of Appeals · 1913
- Proppe v. Metropolitan Life InsuranceNew York Court of Common Pleas · 1895