Goell v. United States Life Insurance

On a previous appeal from a judgment in faVor of the defendant we stated that “ the plaintiff has the advantage of a presumption that the age stated in the policy is the true age ” until rebutted by evidence to the contrary. (265 App. Div. 735, 736.) We did not intend to hold that at the conclusión of the entire case the burden of proof rested on the defendant to establish that the policy did not cover the plaintiff’s disability on account of age. The rule in this respect is to the contrary (Lavine v. Indemnity Ins. Co., 260 N. Y. 399; Steinmann v. Metropolitan Life Insurance Co., 257 App.…