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Clare v. New York Safety Reserve Fund Life Insurance

95 N.Y.S. 1118
Appellate Division of the Supreme Court of the State of New York·Decided October 11, 1905·Published

Opinion

PER CURIAM.

Judgment and order reversed and new trial ordered, with costs to the appellant to abide event, upon questions of law only; the facts having been examined and no error found therein. Held, that the answer^ of “No occasion” to the question in the application constituted a breach of warranty which bars a recovery.

WILLIAMS, J., dissents.

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Clare v. New York Safety Reserve Fund Life Insurance, 95 N.Y.S. 1118 (N.Y. Ct. App. 1905).

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