Markowitz v. Metropolitan Life Insurance
Appellate Terms of the Supreme Court of New York
Appeal by defendant from a judgment of the Municipal Court of the city of New York, borough of Manhattan, second district, in favor of plaintiff, after trial by the court without a jury.
1Opinion of the CourtProskauer, J.
Defendant issued a policy insuring the life of Benni Markowitz for the benefit of his wife, the plaintiff. False *676warranties and representations sufficient to defeat the policy are alleged to have been made by the insured. The policy provided that except for non-payment of premiums, it “ shall be incontestable after two years from the date of its issue.” The insured died before, and suit was brought after, the expiration of the two years. There has been judgment for plaintiff on the ground that the incontestability clause is conclusive against defendant after two years even though the insured…
2Cases cited7 opinions
- Cable v. United States Life InsuranceSupreme Court of the United States · 1903
- McCormack v. Security Mutual Life InsuranceNew York Court of Appeals · 1917
- Monahan v. Metropolitan Life InsuranceIllinois Supreme Court · 1918
- Biermann v. Guaranty Mutual Life InsuranceSupreme Court of Iowa · 1909
- Globe Mutual Life Ins. Co. v. . RealsNew York Court of Appeals · 1879
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- McKenna v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1927
- Travelers Insurance v. SnydeckerNew York Supreme Court · 1926
- Sexton v. Equitable Life Assurance Society of United StatesNew York Supreme Court · 1927
- Bankers Life Co. v. BennettSupreme Court of Iowa · 1935
- Malanti v. Metropolitan Life InsuranceNew York Supreme Court · 1926
1 more not listed; retrieve them via the Exa API.