Murphy v. Colonial Life Insurance Co. of America
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment of the Municipal Court of the city of New York, borough of Manhattan, third district, rendered in favor of the plaintiff after a trial by the court without a jury.
1Dissent
Bijur, J. (dissenting).
This action was brought to recover on what is known as an industrial life insurance policy. The serious question presented on this appeal arises out of the exclusion by the learned court below of all evidence of the falsity of a statement made by the insured in her application, which was not attached to the policy in suit, in answering question No. 12, “ Is life proposed, now insured in any other company? ” to which the answer was “No.” This testimony was excluded on the theory that section 58 of the Insurance Law forbids its consideration in aid of a defense of fraud…
2Cases cited5 opinions
- Empire Life Insurance v. GeeSupreme Court of Alabama · 1911
- Mutual Life Insurance v. AllenSupreme Court of Alabama · 1909
- Becker v. Colonial Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1912
- Wheelock v. Home Life InsuranceSupreme Court of Minnesota · 1911
- Aaronson v. New York Life InsuranceNew York Supreme Court · 1913