Goldstein v. New York Life Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Annie Goldstein, from an order of the Supreme Court, made at the New York Trial Term and entered in the office of the clerk of the county of New York on the 25th day of May, 1915, setting aside the verdict of a jury in plaintiff’s favor and granting defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Page, J.:
The principal ground upon which this motion is made to set aside a verdict in favor of the plaintiff is that between the time when the insured made application for a policy of insurance *814upon his life and submitted to a medical examination for that purpose and the time when the application was accepted by the defendant a material change in his state of health occurred which he failed to make known to the defendant, and which concealment, it is claimed, was a fraud upon the defendant and voided the policies issued by it. It appears that a week after the examination in which the insured…
2Cases cited2 opinions
- Equitable Life Assurance Society v. ClementsSupreme Court of the United States · 1891
- Snow v. . Mercantile Mutual Ins. Co.New York Court of Appeals · 1874
3Cited by17 opinions
- Berger v. Manhattan Life InsuranceDistrict Court, S.D. New York · 1992
- Goldberg v. Colonial Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1954
- New York Life Ins. Co. v. GayCourt of Appeals for the Sixth Circuit · 1929
- Millar v. New Amsterdam Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1936
- Reznikoff v. Equitable Life Assurance Society of United StatesAppellate Division of the Supreme Court of the State of New York · 1943
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