Palmer v. John Hancock Mutual Life Insurance

Appellate Terms of the Supreme Court of New York

Palmer v. John Hancock Mutual Life Insurance

148 Misc. 324, 265 N.Y.S. 796, 1933 N.Y. Misc. LEXIS 1202

Appellate Terms of the Supreme Court of New York·Decided July 6, 1933·Published·Cited by 3 cases

Opinion

Per Curiam.

The present policy had the provision that it was incontestable after it had been in force “ during the lifetime of the insured ” for two years, etc. Here the insured died in less than thirteen months after the issuance of the policy. It was error, therefore, to hold that it was incontestable. The case of Killian v. Metropolitan Life Ins. Co. (251 N. Y. 44) involved a policy which did not include the words “ during the lifetime of the insured,” and is not controlling.

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

All concur; present, Levy, Callahan and Untermyer, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam.

The present policy had the provision that it was incontestable after it had been in force “ during the lifetime of the insured ” for two years, etc. Here the insured died in less than thirteen months after the issuance of the policy. It was error, therefore, to hold that it was incontestable. The case of Killian v. Metropolitan Life Ins. Co. (251 N. Y. 44) involved a policy which did not include the words “ during the lifetime of the insured,” and is not controlling.

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

All concur; present, Levy, Callahan and Untermyer, JJ.

Palmer v. John Hancock Mutual Life Insurance, 148 Misc. 324, 265 N.Y.S. 796, 1933 N.Y. Misc. LEXIS 1202 (N.Y. Ct. App. 1933).

Pincite

148 Misc. 324 (Palmer v. John Hancock Mutual Life Insurance) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related