Denaro v. Prudential Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Marianna Denaro, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 19th day of June, 1912, upon the verdict of a jury, and also from an order entered in said clerk’s office on the same day denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Woodward, J.:. The complaint sets forth a cause of action on- a policy of insurance issued upon the life of one Francesco Denaro, whose *841mother is the plaintiff in this action. The defendant set up an affirmative defense, alleging fraudulent representations on the part of Francesco Denaro, in that prior to his' medical examination, and at the time thereof, he was not in good health; that he had been advised to seek a change of climate for his health; that he had had a serious illness; that he had been attended hy a physician during the past three years, all of which facts were known to him,…
2Cases cited5 opinions
- Grattan v. . Metropolitan Life Ins. Co.New York Court of Appeals · 1880
- Edington v. . Aetna Life Ins. Co.New York Court of Appeals · 1879
- Renihan v. . DenninNew York Court of Appeals · 1886
- Patten v. United Life & Accident InsuranceNew York Court of Appeals · 1892
- Hoffman v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1910
3Cited by9 opinions
- People v. DecinaNew York Court of Appeals · 1956
- Klein v. Prudential Insurance of AmericaNew York Court of Appeals · 1917
- Bassil v. Ford Motor Co.Michigan Supreme Court · 1936
- Grosslight v. Superior CourtCalifornia Court of Appeal · 1977
- Acee v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1927
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