Flynn v. Metropolitan Life Insurance

Appellate Terms of the Supreme Court of New York

Flynn v. Metropolitan Life Insurance

162 Misc. 391, 294 N.Y.S. 831, 1937 N.Y. Misc. LEXIS 1612

CourtAppellate Terms of the Supreme Court of New York

DecidedMarch 4, 1937

StatusPublished

This text of 162 Misc. 391 (Flynn v. Metropolitan Life Insurance) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Flynn v. Metropolitan Life Insurance, 162 Misc. 391, 294 N.Y.S. 831, 1937 N.Y. Misc. LEXIS 1612 (N.Y. Ct. App. 1937).

Pincite

Opinion

Per Curiam.

The respondent failed to sustain the burden of showing that the insured was in sound health on January 21, 1935, and that he had not been attended by a physician for a serious disease within the period of two years prior to the issuance of the policy. It was also incumbent upon the plaintiff to prove that the age given by the insured in his application was his correct age.

Judgment reversed and a new trial ordered, with thirty dollars costs to appellant to abide the event.

All concur. Present — Ltd on, Hammer and Frankenthai.er, JJ.

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Per Curiam.

The respondent failed to sustain the burden of showing that the insured was in sound health on January 21, 1935, and that he had not been attended by a physician for a serious disease within the period of two years prior to the issuance of the policy. It was also incumbent upon the plaintiff to prove that the age given by the insured in his application was his correct age.

Judgment reversed and a new trial ordered, with thirty dollars costs to appellant to abide the event.

All concur. Present — Ltd on, Hammer and Frankenthai.er, JJ.

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Bluebook (online)

162 Misc. 391, 294 N.Y.S. 831, 1937 N.Y. Misc. LEXIS 1612, Counsel Stack Legal Research, https://law.counselstack.com/opinion/flynn-v-metropolitan-life-insurance-nyappterm-1937.