Legal Opinion
New York Life Insurance v. Miller
New York Supreme Court
Decided March 30, 1944PublishedCited by 7 opinions
1Opinion of the CourtDavid W. Peck, J.
In this action, the plaintiff insurance company seeks a cancellation of a policy on the life of the defendant Mollie Miller, on the ground that the policy was obtained by a false representation. The alleged misrepresentation was a negative answer to the question in the application of whether the defendant had been examined or treated by a physician within five years previous to the application.
The defense is twofold: (1) That the ailment for which the defendant consulted a physician was so trivial as to render the misstatement insignificant; (2) that the plaintiff waived its right to cancel…
2Cases cited4 opinions
- Titus v. . Glens Falls Insurance CompanyNew York Court of Appeals · 1880
- Geer v. Union Mutual Life InsuranceNew York Court of Appeals · 1937
- Roby v. American Central InsuranceNew York Court of Appeals · 1890
- Equitable Life Assurance Society of United States v. MilmanNew York Court of Appeals · 1943
3Cited by7 opinions
- Greene v. United Mutual Life InsuranceNew York Supreme Court · 1963
- Fernandez v. Windsor Life Insurance Co. of AmericaNew York Supreme Court · 1975
- Mutual Benefit Life Insurance v. LindenmanDistrict Court, E.D. New York · 1995
- Prudential Insurance Co. of America v. BrownNew York Supreme Court · 1951
- Cetrola v. John Hancock InsuranceCivil Court of the City of New York · 1966
2 more not listed; retrieve them via the Exa API.