Rakov v. Bankers Life Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal from an order, entered in Onondaga county clerk’s office February 8, 1916, granting defendant’s motion for a direction of a verdict upon the issues herein and dismissing the complaint, and also from a judgment entered on the same day upon such order. Order and judgment affirmed, with costs, on the opinion of Smith, P. J., in Rakov v. Bankers Life Ins. Co. (164 App. Div. 645). All concurred, except Howard, J., who dissented in opinion, in which Woodward, J., concurred.
Read the full summary
Appeal from an order, entered in Onondaga county clerk’s office February 8, 1916, granting defendant’s motion for a direction of a verdict upon the issues herein and dismissing the complaint, and also from a judgment entered on the same day upon such order. Order and judgment affirmed, with costs, on the opinion of Smith, P. J., in Rakov v. Bankers Life Ins. Co. (164 App. Div. 645). All concurred, except Howard, J., who dissented in opinion, in which Woodward, J., concurred. Kellogg, P. J., and Lyon, J., also voted to reverse the findings of fact on the ground that they were against the…
1Opinion of the Court
Howard, J. (dissenting):
I dissent and feel that I ought to state my position. On March 27, 1911, Rachel Rakov made application to the defendant company herein for life insurance. On May 12, 1911, the company wrote a policy on her life for the sum of $2,000 payable to her son, Herman Rakov, beneficiary, the plaintiff herein. May 12, 1912, exactly one year from the date of the policy, she died. The company refused to pay the amount for which she was insured and this suit is brought on the policy. The defendant refuses payment because of two alleged untruthful representations made by the insured…
2Cases cited2 opinions
- Rice v. H. P. Cummings Construction Co.Appellate Division of the Supreme Court of the State of New York · 1915
- Rakov v. Bankers Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1914
3Cited by2 opinions
- Tyrnauer v. Travelers InsuranceNew York Supreme Court · 1961
- Solez v. Commercial Travelers Mutual Accident Ass'n of AmericaAppellate Division of the Supreme Court of the State of New York · 1935