Home/Michigan Supreme Court/New York Life Insurance Co. v. Bahadurian

New York Life Insurance Co. v. Bahadurian

233 N.W. 390, 252 Mich. 491, 1930 Mich. LEXIS 870
CourtMichigan Supreme Court
DecidedDecember 2, 1930
DocketDocket No. 134, Calendar No. 35,287.
StatusPublished
Cited by11 cases

This text of 233 N.W. 390 (New York Life Insurance Co. v. Bahadurian) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
New York Life Insurance Co. v. Bahadurian, 233 N.W. 390, 252 Mich. 491, 1930 Mich. LEXIS 870 (Mich. 1930).

Opinion

Plaintiff filed a bill to cancel, on the ground of fraud, a life insurance policy issued to defendant's husband payable to her. There was decree for plaintiff, and defendant appeals.

The insured, in his application, represented he had not consulted a physician in five years prior to making such application. Plaintiff proved he did so consult a physician, and defendant recalled the witness and sought to prove that the insured's infirmity impaired his health to a minor extent only. The insured —

"concealed a material fact by a false representation. The insurer had a right to know that he had consulted a physician, the application called for such knowledge, and if it had been imparted the insurer could have made investigation. * * * The false statement bore a direct relation to acceptance of the risk and the hazard assumed by the insurer."Bellestri-Fontana v. Life Insurance Co., 234 Mich. 424.

The decree of the trial court is affirmed.

WIEST, C.J., and BUTZEL, CLARK, McDONALD, SHARPE, NORTH, and FEAD, JJ., concurred.

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Cite This Page — Counsel Stack

Bluebook (online)
233 N.W. 390, 252 Mich. 491, 1930 Mich. LEXIS 870, Counsel Stack Legal Research, https://law.counselstack.com/opinion/new-york-life-insurance-co-v-bahadurian-mich-1930.