Fanti v. Travelers Insurance
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
This is an action predicated upon the disability and waiver of premium provisions of a life insurance policy, containing an incontestability clause, issued by the defendant to the plaintiff. Plaintiff concedes that he inflicted upon himself the gunshot wound which resulted in his disability, but not with the intent of collecting disability benefits under the policy. The defendant conceded the disability. Proof was then adduced by the defendant that the plaintiff was indicted for murder, the charge being that he shot and killed a woman on the same day that he inflicted the wound upon himself.…
2Cases cited4 opinions
- Messersmith v. . American Fidelity Co.New York Court of Appeals · 1921
- Matter of Met. Life Ins. Co. v. ConwayNew York Court of Appeals · 1930
- Weber v. Supreme Tent of Knights of MacCabees of WorldNew York Court of Appeals · 1902
- Price v. Spielman Motor Sales Co.Appellate Division of the Supreme Court of the State of New York · 1941
3Cited by2 opinions
- Prudential Insurance Co. of America v. RiceIndiana Supreme Court · 1944
- Udisky v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1942