Legal Opinion
Parton v. Metropolitan Life Insurance
New York Supreme Court
Decided May 7, 1927PublishedCited by 7 opinions
1Opinion of the CourtMorsckauser, J.
By the allegations of the pleadings, the issues to be litigated are, first, the circumstances under which the release was obtained, and second, the fraud or breach of warranty by the insured in connection with his application for the policy in question.
The policy was dated and issued April 22, 1922. The insured died on February 12, 1923. The release was signed March 25, 1924. The action was commenced in November, 1926. The plaintiff seeks to have the release set aside.
The incontestability clause in the policy survived the death of the insured. It continued in effect, after the death of the…
2Cases cited16 opinions
- Mutual Life Insurance v. Hurni Packing Co.Supreme Court of the United States · 1923
- Masson v. BovetCourt for the Trial of Impeachments and Correction of Errors · 1845
- Lightfoot v. . DavisNew York Court of Appeals · 1910
- Bloomquist v. . FarsonNew York Court of Appeals · 1918
- Berry v. American Central Insurance Co. of St. LouisNew York Court of Appeals · 1892
11 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Prudential Insurance Co. of America v. PrescottSupreme Court of Florida · 1937
- New York Life Ins. Co. v. HurtCourt of Appeals for the Eighth Circuit · 1929
- Moses v. CarverNew York Supreme Court · 1937
- Duggan v. PlatzAppellate Division of the Supreme Court of the State of New York · 1933
- Sexton v. Equitable Life Assurance Society of United StatesNew York Supreme Court · 1927
2 more not listed; retrieve them via the Exa API.