Peterson v. New England Mutual Life Insurance

Appellate Division of the Supreme Court of New York

Peterson v. New England Mutual Life Insurance

33 A.D.2d 547, 304 N.Y.S.2d 846, 1969 N.Y. App. Div. LEXIS 3003

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 23, 1969

StatusPublished

Cited by1 cases

This text of 33 A.D.2d 547 (Peterson v. New England Mutual Life Insurance) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Peterson v. New England Mutual Life Insurance, 33 A.D.2d 547, 304 N.Y.S.2d 846, 1969 N.Y. App. Div. LEXIS 3003 (N.Y. Ct. App. 1969).

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Opinion

Order entered January 9, 1969, and order entered February 24, 1969, unanimously modified on the law, the facts and in the exercise of discretion, without costs or disbursements, so as to direct examination before trial of defendant-appellant, but in a manner conforming with the following provisions: The examination of the Chief Medical Director of the defendant 'is permitted, or of a knowledgeable assistant, as to the practice of the insurer with respect to the acceptance or rejection of similar risks. At such examination appellant shall produce any documentary proof on which appellant may plan to rely at trial, whether such proof be in the nature of supporting rules or manuals reflecting underwriting standards, or references to past experiences involving the same or diseases, similar to the one at issue, to buttress the conclusion that if defendant had known the medical history of the insured the policy would not have been accepted; without prejudice, however, to such further applications as may be indicated, following such examination. (See Lindenbaum v. Equitable Life Assur. Soc. of United States, 5 A D 2d 651; Metropolitan Life Ins. Co. v. Blum, 7 A D 2d 488, affd. 9 N Y 2d 954; Orenstein v. Metropolitan Life Ins. Co., 18 A D 2d 1016; Greene v. United Mut. Life Ins. Co., 38 Misc 2d 728, affd. 23 A D 2d 720; Insurance Law, § 149, subd. 3. Concur — Stevens, P. J., Eager, MeGivern, Markewich and McNally, JJ.

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Order entered January 9, 1969, and order entered February 24, 1969, unanimously modified on the law, the facts and in the exercise of discretion, without costs or disbursements, so as to direct examination before trial of defendant-appellant, but in a manner conforming with the following provisions: The examination of the Chief Medical Director of the defendant 'is permitted, or of a knowledgeable assistant, as to the practice of the insurer with respect to the acceptance or rejection of similar risks. At such examination appellant shall produce any documentary proof on which appellant may plan to rely at trial, whether such proof be in the nature of supporting rules or manuals reflecting underwriting standards, or references to past experiences involving the same or diseases, similar to the one at issue, to buttress the conclusion that if defendant had known the medical history of the insured the policy would not have been accepted; without prejudice, however, to such further applications as may be indicated, following such examination. (See Lindenbaum v. Equitable Life Assur. Soc. of United States, 5 A D 2d 651; Metropolitan Life Ins. Co. v. Blum, 7 A D 2d 488, affd. 9 N Y 2d 954; Orenstein v. Metropolitan Life Ins. Co., 18 A D 2d 1016; Greene v. United Mut. Life Ins. Co., 38 Misc 2d 728, affd. 23 A D 2d 720; Insurance Law, § 149, subd. 3. Concur — Stevens, P. J., Eager, MeGivern, Markewich and McNally, JJ.

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Bluebook (online)

33 A.D.2d 547, 304 N.Y.S.2d 846, 1969 N.Y. App. Div. LEXIS 3003, Counsel Stack Legal Research, https://law.counselstack.com/opinion/peterson-v-new-england-mutual-life-insurance-nyappdiv-1969.

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