Saad v. New York Life Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, New York Life Insurance Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 21st day of October, 1921, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 14th day of November, 1921, resettling an order entered in said clerk’s office on the 21st day of October, 1921, denying defendant’s motion for a new trial made upon the…
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Appeal by the defendant, New York Life Insurance Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 21st day of October, 1921, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 14th day of November, 1921, resettling an order entered in said clerk’s office on the 21st day of October, 1921, denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Smith, J.:
The action is upon a life insurance policy. In making the application for the life insurance the assured stated and warranted that within five years he had not consulted any physician or been treated by any physician. Upon the trial the defendant swore a physician by the name of Dr. Ryan to prove a large number of consultations within the five years prior to the issuance of the policy and the making of the application therefor. To this evidence the only answer which the plaintiff offered was the statement of this same physician upon the proofs of death. Upon those proofs the…
2Cited by16 opinions
- Keck v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1933
- Anderson v. Aetna Life Ins. Co.New York Court of Appeals · 1934
- Kirschner v. Equitable Life Assurance Society of United StatesCity of New York Municipal Court · 1935
- Klapholtz v. New York Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1926
- Lowe's of Roanoke, Inc. v. Jefferson Standard Life InsuranceDistrict Court, S.D. New York · 1963
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