Helwig v. Mutual Life Insurance
New York Supreme Court
Appeal from circuit court, Kings county. Action by Ida K. Helwig against the Mutual Life Insurance Company of New York, on a policy of insurance issued by defendant on the life of plaintiff’s husband, Richard W. Helwig. From a judgment for plaintiff entered on the verdict of a jury, and from an order denying a motion for a new trial, defendant appeals.
1Opinion of the CourtPratt, J.
We do not perceive any principle upon which the statement of the attending physician, accompanying the proofs of death, can be regarded as legal evidence in favor of either party to the action. Ordinarily, it may be said that a party who makes use of an affidavit thereby holds it forth as truthful. But we think the present case is an exception to the general rule; for it was a condition of the policy that the proofs of loss should be accompanied by the statement by the physician who attended the deceased in the last *173illness. The questions were upon a printed blank furnished by the company. It…
2Cited by2 opinions
- Pickett v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1897
- Rudolph v. John Hancock Mutual Life InsuranceNew York Court of Appeals · 1929