Story v. United Life & Accident Insurance
New York Supreme Court
Appeal from circuit court, Kings county. Action by Thomas H. Story, executor, etc., of William H. Story, deceased, against the United Life & Accident Insurance Association, on a policy of insurance issued to plaintiff’s testator. At the trial a nonsuit was ordered, and plaintiff appeals.
1Opinion of the CourtBarnard, P. J.
William II. Story, deceased, on the 9th of February, 1886, took out a policy of insurance in defendant’s association. Among the questions put to him by the company as a basis for the issuing of the policy was one as follows: “ Are you in good health, and is your health usually good?” The deceased answered this question, “Yes.” The policy provides that the answer is a warranty, and avoids the policy if not true. It appears, when this application was signed, the deceased stated that he had a pimple on his tongue, and had been told by a physician that “it was not serious.” He showed the tongue…
2Cited by4 opinions
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- Hanna v. Mutual Life Ass'nAppellate Division of the Supreme Court of the State of New York · 1896