Nicotra v. John Hancock Mutual Life Insurance

Action to recover under an industrial life insurance policy after death of the insured. Order of the Appellate Term affirming a judgment of the Municipal Court of the City of New York, borough of Brooklyn, which was entered on a jury verdict in favor of plaintiff, reversed on the law, judgment of the Municipal Court vacated, and a new trial ordered in the interests of justice, costs in all courts to abide the event. The avoidance clause in the policy is permitted by and drawn in the language of paragraph (b) of subdivision 3 of section 163 of the Insurance Law (L. 1939, ch. 882). There is no…