Legal Opinion
Pearl v. Metropolitan Life Ins.
Appellate Terms of the Supreme Court of New York
Decided May 8, 1913Published
Appeal from Municipal Court, Borough of Manhattan, Fifth District. Action by Ella Pearl against the Metropolitan Life Insurance Company. From a judgment for defendant, entered by direction of the court at the close of the entire case, plaintiff appeals. Reversed, and new trial ordered.
1Opinion of the CourtGerard, J.
This action was brought by the plaintiff, as beneficiary, to recover on a policy of insurance issued by defendant upon the life of Rosie Pearl. This policy provided that no obligation was assumed by the company, unless on the date of issue “the insured was alive and in sound health,” and further provided:
“This policy is void if the insured before its date * * * has been attended by a physician for any serious disease or complaint, or has had before said date any pulmonary disease or chronic bronchitis or cancer.”
It is claimed by the defendant that there were statements of evidence, contained…
2Cases cited3 opinions
- Kipp v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1899
- Trudden v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1900
- Donnelly v. Metropolitan Life InsuranceAppellate Terms of the Supreme Court of New York · 1904