Legal Opinion
Winer v. New York Life Insurance Co.
Supreme Court of Florida
Decided July 12, 1940PublishedCited by 5 opinions
1Opinion of the CourtBrown, J.
This case is before us on an appeal from a final decree of the Circuit Court for Dade County. The bill of complaint sought cancellation of a reinstated life insurance policy after the death of the insured on the ground of false representations made in the application for reinstatement, the falsity of which did not come to the insurer’s knowledge until after insured’s death. The policy was issued November 4, 1931, and contained a clause to the effect that it would be incontestable after two years from date of issue; it lapsed for non-payment of premium July 26, 1933, and was reinstated on…
2Cases cited13 opinions
- Mutual Life Insurance Co. of New York v. Hilton-GreenSupreme Court of the United States · 1916
- Moulor v. American Life InsuranceSupreme Court of the United States · 1884
- Claflin v. Commonwealth InsuranceSupreme Court of the United States · 1884
- Mutual Life Ins. Co. of New York v. Hurni Packing Co.Court of Appeals for the Eighth Circuit · 1919
- New York Life Ins. v. HortonSupreme Court of Alabama · 1938
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3Cited by5 opinions
- Madden v. Metropolitan Life Ins. Co.Court of Appeals for the Fifth Circuit · 1943
- Metropolitan Life Ins. v. MaddenCourt of Appeals for the Fifth Circuit · 1941
- Prudential Insurance Co. of America v. WhittingtonDistrict Court of Appeal of Florida · 1957
- Wilkins v. Travelers Ins.Court of Appeals for the Fifth Circuit · 1941
- Mutual Ben. Health & Acc. Ass'n v. SetserDistrict Court, S.D. Florida · 1941