Bowen v. Preferred Acc. Ins.
Appellate Division of the Supreme Court of the State of New York
Appeal from Trial Term, -Kings County. Action by Frances M. Bowen against the Preferred Accident Insurance Company of New York. From a judgment in favor of plaintiff, and from an order denying defendant a new trial, defendant appeals.
1Opinion of the CourtHirschberg, J.
The plaintiff has recovered a judgment upon a policy of accident insurance issued upon her husband’s life. He died by accident on August 14, 1895. Two defenses were litigated— one, that the insured falsely warranted his age at his nearest birthday to be 60 years at the time that he applied for the policy, his written application having been accepted by the defendant on June 20, 1893, but the date on which it was made not appearing in the record; and the other that the action, which was presumably commenced on or after August 13, 1896, as the summons is dated on that day, was commenced more…
2Cases cited13 opinions
- McMaster v. . Pres., Etc., Ins. Co. of N. Am.New York Court of Appeals · 1873
- Goodwin v. Massachusetts Mutual Life InsuranceNew York Court of Appeals · 1878
- Ames v. . N.Y. Union Ins. Co.New York Court of Appeals · 1856
- Carpenter v. German American InsuranceNew York Court of Appeals · 1892
- Prentice v. . Knickerbocker Life Ins. Co.New York Court of Appeals · 1879
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3Cited by1 opinion
- Cordell v. Metropolitan Life InsuranceCourt of Appeals of Georgia · 1936