Schane v. Metropolitan Life Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Metropolitan Life Insurance Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Ulster on the 18th day of February, 1902, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 13th day of February, 1902, denying the defendant’s motion for a new trial made upon the minutes. The action is on a policy of life insurance.
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Appeal by the defendant, the Metropolitan Life Insurance Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Ulster on the 18th day of February, 1902, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 13th day of February, 1902, denying the defendant’s motion for a new trial made upon the minutes. The action is on a policy of life insurance. The defense is based upon the breach of warranties of certain statements made by the deceased to’ the medical examiner. The verdict was for the…
1Opinion of the Court
Parker, P. J.:
The policy upon which this action is brought distinctly declares that the answers and statements contained in the application for the policy are “ hereby made part of this contract.” The policy itself is executed by the company, and seems to contain the obligations assumed by the company only. The application is a writing signed by the party for whose benefit the insurance is proposed and by the person whose life is insured; and one of its purposes seems to be to specify the obligations which they, on their part, assume; and together they make .the contract between the parties.
Th…
2Cases cited5 opinions
- Dwight v. . Germania Life Ins. Co.New York Court of Appeals · 1886
- Cushman v. United States Life InsuranceNew York Court of Appeals · 1875
- Fitzgerald v. Supreme Council of the Catholic Mutual Benefit Ass'nAppellate Division of the Supreme Court of the State of New York · 1899
- Clements v. Connecticut Indemnity Co.Appellate Division of the Supreme Court of the State of New York · 1898
- Boehm v. Commercial Alliance Life InsuranceNew York Supreme Court · 1894
3Cited by3 opinions
- Hook v. Michigan Mutual Life InsuranceNew York Supreme Court · 1904
- Tunnard v. Supreme Council of Royal ArcanumAppellate Division of the Supreme Court of the State of New York · 1922
- Becker v. Metropolitan Life InsuranceNew York Supreme Court · 1904