Levy v. Prudential Insurance Co. of America

The statements in the certificate of death furnished by plaintiff as part of her proofs and put in evidence on the trial are in the nature of admissions (Rudolph v. John Hancock Mutual Life Ins. Co., 251 N. Y. 208; Scheiner v. Metropolitan Life Ins. Co. 236 App. Div. 24), and while it is certified therein that “ I am unable to state definitely the cause of death,” the incorporation of the diagnosis that deceased suffered three years from hypertensive heart disease, and for five years from pulmonary fibrosis is evidence which supports the defense that the insured was not in good health at the…