Cushman v. United States Life Insurance
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of plaintiff entered upon a verdict, and affirming an order denying a motion for a new trial. (Reported below, á Hun, 783.) This action was brought by plaintiff, as administrator of one Birt Cushman, deceased, upon a policy of life insurance issued by the defendant on the life of said Birt Cushman.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of plaintiff entered upon a verdict, and affirming an order denying a motion for a new trial. (Reported below, á Hun, 783.) This action was brought by plaintiff, as administrator of one Birt Cushman, deceased, upon a policy of life insurance issued by the defendant on the life of said Birt Cushman. The policy provided, among other things, as follows: “ This policy of insurance witnesseth that the United States Life Insurance Company, in the city of Hew York, in…
1Opinion of the CourtMiller, J.
It is provided by the policy upon which this action is brought, that the application for insurance and the statements therein which are referred to in the policy, shall constitute a part of the contract. Such was evidently the plain intention of the parties ; and according to well settled rules the policy and the application must be construed as if they constituted a single instrument or contract. (Burritt v. Sar. Co. Mut. Ins. Co., 5 Hill, 188; Angell on Ins., § 141.) The legal effect of making the application a part of the policy is, that what otherwise would be mere representations are…
2Cases cited3 opinions
- Foot v. Ætna Life Insurance Co. of HartfordNew York Court of Appeals · 1875
- Murdock & Garratt v. Chenango Co. Mutual InsuranceNew York Court of Appeals · 1849
- Lake v. . GibsonNew York Court of Appeals · 1849
3Cited by21 opinions
- Archer v. Equitable Life Assurance Society of the United StatesNew York Court of Appeals · 1916
- Cushman v. United States Life InsuranceNew York Court of Appeals · 1877
- Nelson v. Nederland Life InsuranceSupreme Court of Iowa · 1900
- Metropolitan Life Insurance v. McTagueSupreme Court of New Jersey · 1887
- Stewart v. Equitable Mutual Life Ass'nSupreme Court of Iowa · 1900
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