Marino v. Metropolitan Life Insurance

Appellate Terms of the Supreme Court of New York

Marino v. Metropolitan Life Insurance

13 Misc. 2d 469, 180 N.Y.S.2d 615, 1958 N.Y. Misc. LEXIS 3108

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 17, 1958

StatusPublished

This text of 13 Misc. 2d 469 (Marino 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

Marino v. Metropolitan Life Insurance, 13 Misc. 2d 469, 180 N.Y.S.2d 615, 1958 N.Y. Misc. LEXIS 3108 (N.Y. Ct. App. 1958).

Pincite

Opinion

Per Curiam.

The evidence established that plaintiff’s illness existed before the policy was issued and was, therefore, not within the coverage of the policy. In addition the defendant proved that the denial by plaintiff that he had had medical treatment within five years prior to making application for the policy was a material misrepresentation and that the policy would not have been issued if the defendant had knowledge of the facts misrepresented. (Insurance Law, § 149.)

The judgment should be unanimously reversed upon the law and facts, with $30 costs to defendant, and complaint dismissed, with appropriate costs in the court below. Appeals from orders dismissed as academic.

Concur — Pette, Hart and Brown, JJ.

Judgment reversed, etc.

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Per Curiam.

The evidence established that plaintiff’s illness existed before the policy was issued and was, therefore, not within the coverage of the policy. In addition the defendant proved that the denial by plaintiff that he had had medical treatment within five years prior to making application for the policy was a material misrepresentation and that the policy would not have been issued if the defendant had knowledge of the facts misrepresented. (Insurance Law, § 149.)

The judgment should be unanimously reversed upon the law and facts, with $30 costs to defendant, and complaint dismissed, with appropriate costs in the court below. Appeals from orders dismissed as academic.

Concur — Pette, Hart and Brown, JJ.

Judgment reversed, etc.

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Bluebook (online)

13 Misc. 2d 469, 180 N.Y.S.2d 615, 1958 N.Y. Misc. LEXIS 3108, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marino-v-metropolitan-life-insurance-nyappterm-1958.