Butkevicus v. John Hancock Mutual Life Insurance Co. of Boston

Appellate Division of the Supreme Court of New York

Butkevicus v. John Hancock Mutual Life Insurance Co. of Boston

228 A.D. 501, 240 N.Y.S. 358, 1930 N.Y. App. Div. LEXIS 12203

Appellate Division of the Supreme Court of the State of New York·Decided March 10, 1930·Published·Cited by 1 cases

Opinion

Per Curiam.

The evidence clearly established a breach of a condition in the policy which rendered it void in the event that the insured, within two years of the date of its issue, had attended a hospital, or had treatment by a physician for “ any serious disease, complaint or operation.” Concededly, the insured, within the two years’ period, was in a hospital for eighty-five days, during which time he had constant treatment for gonorrheal rheumatism. In our view the evidence was of such character as to lead to but one conclusion, namely, that the insured had a “ serious disease ” within the meaning of the policy provisions.

It follows that the determination of the Appellate Term and judgment of the Municipal Court should be reversed and the complaint dismissed, with costs to the appellant in all courts.

Present — Dowling, P. J., Merrell, Finch, McAvoy and O’Malley, JJ.

Determination appealed from and judgment of the Municipal Court reversed and the complaint dismissed, with costs to the appellant in all courts.

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Per Curiam.

The evidence clearly established a breach of a condition in the policy which rendered it void in the event that the insured, within two years of the date of its issue, had attended a hospital, or had treatment by a physician for “ any serious disease, complaint or operation.” Concededly, the insured, within the two years’ period, was in a hospital for eighty-five days, during which time he had constant treatment for gonorrheal rheumatism. In our view the evidence was of such character as to lead to but one conclusion, namely, that the insured had a “ serious disease ” within the meaning of the policy provisions.

It follows that the determination of the Appellate Term and judgment of the Municipal Court should be reversed and the complaint dismissed, with costs to the appellant in all courts.

Present — Dowling, P. J., Merrell, Finch, McAvoy and O’Malley, JJ.

Determination appealed from and judgment of the Municipal Court reversed and the complaint dismissed, with costs to the appellant in all courts.

Butkevicus v. John Hancock Mutual Life Insurance Co. of Boston, 228 A.D. 501, 240 N.Y.S. 358, 1930 N.Y. App. Div. LEXIS 12203 (N.Y. Ct. App. 1930).

Pincite

228 A.D. 501 (Butkevicus v. John Hancock Mutual Life Insurance Co. of Boston) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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