Legal Opinion
Klapholtz v. New York Life Insurance
Appellate Division of the Supreme Court of the State of New York
Decided December 31, 1926PublishedCited by 9 opinions
1Opinion of the CourtBurr, J.
Plaintiff sues to recover upon a policy of insurance for 11,500 issued by defendant March 18, 1924, on the life of Max Klapholtz, who died January 25, 1925, and defendant sets up as a defense material misrepresentations in the application for the policy as to the medical history of the insured upon the discovery of which misrepresentation after his death it elected to rescind the contract and tendered back the premium received thereon with interest.
The only fact disclosed by the insured in his application as to his medical history was hoarseness for two weeks prior thereto, which the medical…
2Cases cited5 opinions
- Archer v. Equitable Life Assurance Society of the United StatesNew York Court of Appeals · 1916
- Mutual Life Ins. Co. of New York v. Hurni Packing Co.Court of Appeals for the Eighth Circuit · 1919
- Sparer v. Travelers Insurance of HartfordAppellate Division of the Supreme Court of the State of New York · 1919
- Saad v. New York Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1922
- Saad v. . New York Life Insurance CompanyNew York Court of Appeals · 1923
3Cited by9 opinions
- Walsh v. Connecticut Mut. Life Ins. Co.District Court, E.D. New York · 1939
- Keck v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1933
- Cohen v. Mutual Benefit Life InsuranceDistrict Court, E.D. New York · 1986
- Kirschner v. Equitable Life Assurance Society of United StatesCity of New York Municipal Court · 1935
- Mutual Benefit Life Insurance v. MorleyDistrict Court, S.D. New York · 1989
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