Kocak v. Metropolitan Life Insurance
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtMcNamee, J.
The incontestability period of the policy was
two years from the date of issue; the insured died within, and the action was brought after, the expiration of that period. It will be observed that the statute in force when the policy was issued contained the words, “ in force during the life time of the insured; ” and that the appellant company, in the incontestability provision *782in question, made use of the words “ in force,” but omitted the remaining words of the amendment. Thus the clause in the policy as issued was not in the form provided by the earlier statute, or by the statute as amended.
T…
2Cases cited9 opinions
- Mutual Life Insurance v. Hurni Packing Co.Supreme Court of the United States · 1923
- Killian v. Metropolitan Life InsuranceNew York Court of Appeals · 1929
- Gerka v. Fidelity & Casualty Co.New York Court of Appeals · 1929
- Jefferson Standard Life Ins. v. McIntyreCourt of Appeals for the Fifth Circuit · 1923
- McCormack v. Security Mutual Life InsuranceNew York Court of Appeals · 1917
4 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Forrest D. Criger v. General Julius W. Becton, Director of Federal Emergency Management AgencyCourt of Appeals for the Eighth Circuit · 1990
- Durant v. Motor Vehicle Accident Indemnification Corp.Appellate Division of the Supreme Court of the State of New York · 1964
- John Hancock Mutl. L. Ins. Co. v. SnyderOhio Court of Appeals · 1935
- Dempsey v. National Life & Accident InsuranceAppellate Court of Illinois · 1949
- Kosierowski v. Madison Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1969
7 more not listed; retrieve them via the Exa API.