Legal Opinion

Prudential Insurance Co. of America v. Stone

New York Court of Appeals

Decided March 3, 1936PublishedCited by 85 opinions

1Opinion of the CourtFinch, J.

This is an action to rescind a contract of life insurance on the ground of misrepresentation by the insured in the application for the policy.

On May 25,1930, William Stone applied to the plaintiff for a policy of life insurance, naming his wife, Dorothy Stone, as beneficiary. The application was accepted and on June 13, 1930, a policy was issued. By the terms of the policy the insured reserved the right to change the beneficiary. The premiums on the policy were paid by William Stone.

The policy contained the following clause: “ Incontestability. This Policy shall be incontestable after one…

2Cases cited3 opinions

  1. Mutual Life Insurance v. Hurni Packing Co.Supreme Court of the United States · 1923
  2. Monahan v. Metropolitan Life InsuranceIllinois Supreme Court · 1918
  3. Croker v. . WilliamsonNew York Court of Appeals · 1913

3Cited by85 opinions

  1. Connell v. HaydenAppellate Division of the Supreme Court of the State of New York · 1981
  2. Mondello v. New York Blood CenterNew York Court of Appeals · 1992
  3. Austin v. Interfaith Medical CenterAppellate Division of the Supreme Court of the State of New York · 1999
  4. 27th Street Block Ass'n v. Dormitory AuthorityAppellate Division of the Supreme Court of the State of New York · 2002
  5. LeBlanc v. SkinnerAppellate Division of the Supreme Court of the State of New York · 2012

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