Legal Opinion
Sexton v. Equitable Life Assurance Society of United States
New York Supreme Court
Decided September 8, 1927PublishedCited by 6 opinions
1Opinion of the CourtSeeger, J.
The complaint alleges a cause of action upon two life insurance policies on the life of the plaintiff’s wife, one for $2,000 and one for $3,000.
The making and delivery of the policies, the payment of premiums and the receipt and retention of the proofs of death, are not denied.
The defendant, however, attempts to set up the defense that the issue and delivery of the policies was procured by false and fraudulent representations as to the condition of the health of the insured, and breach of warranty.
This defense would entitle the defendant to a trial of the issues thus raised in the answer if…
2Cases cited13 opinions
- Mutual Life Insurance v. Hurni Packing Co.Supreme Court of the United States · 1923
- Nassoiy v. . TomlinsonNew York Court of Appeals · 1896
- Berry v. American Central Insurance Co. of St. LouisNew York Court of Appeals · 1892
- Matter of PirieNew York Court of Appeals · 1910
- Travelers Insurance v. SnydeckerNew York Supreme Court · 1926
8 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Prudential Insurance Co. of America v. PrescottSupreme Court of Florida · 1937
- Wolpin v. Prudential InsuranceAppellate Division of the Supreme Court of the State of New York · 1928
- Sexton v. Equitable Life Assurance SocietyAppellate Division of the Supreme Court of the State of New York · 1928
- Sexton v. Equitable Life Assurance SocietyAppellate Division of the Supreme Court of the State of New York · 1928
- Sexton v. Equitable Life Assurance SocietyAppellate Division of the Supreme Court of the State of New York · 1928
1 more not listed; retrieve them via the Exa API.