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Aetna Life Insurance Company v. Padernacht

Appellate Division of the Supreme Court of New York, Second Department
Jun 1, 1935
245 App. Div. 746 (N.Y. App. Div. 1935)

Opinion

June, 1935.


Action in equity to avoid a life insurance policy on the ground of false representations in the application respecting the health of the insured. Judgment in favor of defendant Sadie Padernacht, the beneficiary, dismissing the complaint on the merits, with costs against the plaintiff, reversed on the law, and judgment directed in favor of the plaintiff for the relief demanded in the complaint, with costs. The respondent failed to sustain the burden of proving that the insured was in "good health" at the time the policy was issued on November 28, 1931. Findings of fact and conclusions of law inconsistent herewith are reversed and new findings and conclusions will be made. Hagarty, Tompkins and Johnston, JJ., concur; Lazansky, P.J., and Scudder, J., vote for reversal and a new trial. Settle order on notice.


Summaries of

Aetna Life Insurance Company v. Padernacht

Appellate Division of the Supreme Court of New York, Second Department
Jun 1, 1935
245 App. Div. 746 (N.Y. App. Div. 1935)
Case details for

Aetna Life Insurance Company v. Padernacht

Case Details

Full title:AETNA LIFE INSURANCE COMPANY, Appellant, v. RUBIN PADERNACHT, Defendant…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 1, 1935

Citations

245 App. Div. 746 (N.Y. App. Div. 1935)