Legal Opinion
Martin v. John Hancock Mutual Life Insurance
New York Supreme Court
Decided August 16, 1983PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Gerard E. Delaney, J.
In this case of first impression the issue is whether in a contract action by a third-party beneficiary on a life insurance policy against the defendant insurer, the evidentiary “attorney-client” privilege of CPLR 4503 (subd [a]) will prevent a disclosure of communications of the deceased with his attorney which may further be relevant to and probative of the cause of death of the deceased, to wit, suicide, by tending to show deceased’s mental condition at the time of his death.
In the facts of this case the court holds that such privilege as may have…
2Cases cited21 opinions
- Mutual Life Insurance v. HillmonSupreme Court of the United States · 1892
- Koump v. SmithNew York Court of Appeals · 1969
- Eichner v. DillonNew York Court of Appeals · 1981
- Priest v. HennessyNew York Court of Appeals · 1980
- Hurlburt v. . HurlburtNew York Court of Appeals · 1891
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3Cited by2 opinions
- Mayorga v. TateAppellate Division of the Supreme Court of the State of New York · 2002
- Morales v. PortuondoDistrict Court, S.D. New York · 2001