Malchak v. Metropolitan Life Insurance
New York Supreme Court
1Opinion of the CourtSenn, J.
The action is on a life insurance policy of $1,000 issued by the defendant on the life of Mary Malchak, wife of the plaintiff, the beneficiary named in the policy.
*641The application was dated on December 10, 1927, and the date of the policy is December 20, 1927.
A copy of the application was attached to the policy as required by section 58 of the Insurance Law and so became a part of the contract of insurance. Mrs. Malchak died on March 10, 1928.
Aside from certain formal proofs, the plaintiff’s case was based on the policy, it being conceded that due proofs of death were made by bim to the…
2Cases cited10 opinions
- Eastern District Piece Dye Works, Inc. v. Travelers InsuranceNew York Court of Appeals · 1923
- Cushman v. United States Life InsuranceNew York Court of Appeals · 1877
- Klein v. Prudential Insurance of AmericaNew York Court of Appeals · 1917
- Spencer v. Citizens' Mutual Life InsuranceNew York Court of Appeals · 1894
- Kwiatkowski v. Brotherhood of American YeomenNew York Court of Appeals · 1926
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3Cited by3 opinions
- Brayer v. John Hancock Mut Life InsuranceCourt of Appeals for the Second Circuit · 1950
- Woodworth v. Prudential Insurance Co. of AmericaNew York Supreme Court · 1939
- Union Mut. Life Ins. v. BleetsteinDistrict Court, E.D. New York · 1942