Albers v. Metropolitan Life Insurance

Appellate Division of the Supreme Court of New York

Albers v. Metropolitan Life Insurance

255 A.D. 897, 7 N.Y.S.2d 386, 1938 N.Y. App. Div. LEXIS 5787

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 2, 1938

StatusPublished

This text of 255 A.D. 897 (Albers v. Metropolitan Life Insurance) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Albers v. Metropolitan Life Insurance, 255 A.D. 897, 7 N.Y.S.2d 386, 1938 N.Y. App. Div. LEXIS 5787 (N.Y. Ct. App. 1938).

Pincite

Opinion

Appeal by defendant from an order and judgment of the Rensselaer County Court which affirmed a judgment of the City Court of Troy. The action was brought by the administrator to recover on an industrial insurance policy issued by defendant to the intestate on July 16, 1934. The contract of insurance provided, inter alia, “ If * * * insured * * * has, within two years before the date hereof, been attended by a physician for any serious disease or complaint, * * * the liability of the company * * * shall be limited to the return of premiums paid on the policy.” The defendant has made a tender of the premiums paid which the plaintiff has refused to accept. The proofs of death submitted state as a contributory and secondary cause “duodenal ulcer — chronic,” and the physician who signed the proofs states that he had attended the insured “ from February 11,1932, off and on up to December 17, 1934, for duodenal ulcer.” The uncontroverted proof upon the trial was that the insured was operated on for the removal of a duodenal ulcer and his death resulted from operative pneumonia. Judgment reversed on the law and facts, with costs in this court and the County Court, and the complaint dismissed, with costs. Hill, P. J., Rhodes, McNamee, Crapser and Heffernan, JJ., concur.

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Appeal by defendant from an order and judgment of the Rensselaer County Court which affirmed a judgment of the City Court of Troy. The action was brought by the administrator to recover on an industrial insurance policy issued by defendant to the intestate on July 16, 1934. The contract of insurance provided, inter alia, “ If * * * insured * * * has, within two years before the date hereof, been attended by a physician for any serious disease or complaint, * * * the liability of the company * * * shall be limited to the return of premiums paid on the policy.” The defendant has made a tender of the premiums paid which the plaintiff has refused to accept. The proofs of death submitted state as a contributory and secondary cause “duodenal ulcer — chronic,” and the physician who signed the proofs states that he had attended the insured “ from February 11,1932, off and on up to December 17, 1934, for duodenal ulcer.” The uncontroverted proof upon the trial was that the insured was operated on for the removal of a duodenal ulcer and his death resulted from operative pneumonia. Judgment reversed on the law and facts, with costs in this court and the County Court, and the complaint dismissed, with costs. Hill, P. J., Rhodes, McNamee, Crapser and Heffernan, JJ., concur.

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Bluebook (online)

255 A.D. 897, 7 N.Y.S.2d 386, 1938 N.Y. App. Div. LEXIS 5787, Counsel Stack Legal Research, https://law.counselstack.com/opinion/albers-v-metropolitan-life-insurance-nyappdiv-1938.