Legal Opinion

Patten v. United Life & Accident Insurance

New York Court of Appeals

Decided June 7, 1892PublishedCited by 27 opinions

Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made Hovember 23,1891, which affirmed a judgment in favor of plaintiff entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion.

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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made Hovember 23,1891, which affirmed a judgment in favor of plaintiff entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. The sole purpose of the questions propounded by defendant to the physician was to ascertain the dates of his visits to his patient, and the exclusion of his testimony was error. (Breisenmeister v. Supreme Lodge, 19 Ins. Rep. 889; Code Civ. Pro. § 834.) The health report should…

1Opinion of the Court

Earl, Ch. J.

This action was brought on a policy of insurance upon the life of James Patten. The defendant is an assessment insurance company, and the policy by its terms was made payable to the plaintiff. It was provided in the policy that a failure to comply with the rules of the association as to the payment of assessments should render the policy void. Patten had failed to pay an assessment as required by the rules of the association, and for such failure his policy had lapsed and become void prior to the 19th day of April, 1888. On that day, for the purpose of being reinstated as a member…

2Cited by27 opinions

  1. Haughton v. Aetna Life InsuranceIndiana Supreme Court · 1905
  2. In Re Albert Lindley Lee Memorial HospitalCourt of Appeals for the Second Circuit · 1953
  3. Hughson v. St. Francis HospitalAppellate Division of the Supreme Court of the State of New York · 1983
  4. Klein v. Prudential Insurance of AmericaNew York Court of Appeals · 1917
  5. In re Grand Jury Investigation of Onondaga CountyNew York Court of Appeals · 1983

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