Legal Opinion

Ketchum & Co. v. State Mut. Life Assur. Co. of Worcester

Court of Appeals for the Second Circuit

Decided July 23, 1947No. 258, Docket 20581PublishedCited by 4 opinions

1Opinion of the Court

L. HAND, Circuit Judge.

The plaintiff appeals from a judgment, entered upon the verdict of a jury in an action to recover upon a policy of life insurance, taken out upon the life of one of its officers, named Tuffiash. The defense was that Tuffiash in his application for the policy had stated that he had not seen a physician for five years and that he did not suffer from any heart ailment, when in fact both statements were false; and that the insurer would not have issued the policy if it had known the truth. The evidence was that the application, which was made in March, 1944, contained the…

2Cases cited10 opinions

  1. Rohrbach v. . Germania Fire Ins. Co.New York Court of Appeals · 1875
  2. Geer v. Union Mutual Life InsuranceNew York Court of Appeals · 1937
  3. Eastern District Piece Dye Works, Inc. v. Travelers InsuranceNew York Court of Appeals · 1923
  4. Minsker v. John Hancock Mutual Life InsuranceNew York Court of Appeals · 1930
  5. Comstock v. WilsonNew York Court of Appeals · 1931

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3Cited by4 opinions

  1. Fleet Messenger Service, Inc. v. Life Insurance Company of North AmericaCourt of Appeals for the Second Circuit · 1963
  2. Tolar v. Metropolitan Life InsuranceNew York Court of Appeals · 1948
  3. Lindenbaum v. Equitable Life Assurance Society of the United StatesAppellate Division of the Supreme Court of the State of New York · 1958
  4. Brayer v. John Hancock Mut Life InsuranceCourt of Appeals for the Second Circuit · 1950

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