Legal Opinion
Claim of Marino v. Sardo
Appellate Division of the Supreme Court of the State of New York
Decided November 17, 1927PublishedCited by 2 opinions
1Per curiam
The warranty in the policy that no similar policy has been canceled by any insurance carrier during the past year *605was untrue. It does not matter that it was inserted without the personal knowledge of the assured; nor that they did not discover it, as they might have done by reading their policy. The warranty being false, the policy was void as between the carrier and employers. (Metzger v. Ætna Ins. Co., 227 N. Y. 411; Satz v. Massachusetts Bonding & Ins. Co., 243 id. 385; Kwiatkowski v. Brotherhood of Am. Yeomen, Id. 394; Wolowitch v. National Surety Co., 152 App. Div. 14; Feinstein v.…
2Cases cited3 opinions
- Metzger v. . &198tna Ins. Co.New York Court of Appeals · 1920
- Wolowitch v. National Surety Co.Appellate Division of the Supreme Court of the State of New York · 1912
- Feinstein v. . Massachusetts Bonding and Insurance Co.New York Court of Appeals · 1921
3Cited by2 opinions
- Bobrow v. United States Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1930
- Claim of Aioss v. SardoAppellate Division of the Supreme Court of the State of New York · 1928