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Duke v. Metropolitan Life Insurance Company

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 16, 1938
255 App. Div. 923 (N.Y. App. Div. 1938)

Opinion

November 16, 1938.

Present — Sears, P.J., Crosby, Lewis, Cunningham and Taylor, JJ.


Order so far as appealed from affirmed, with ten dollars costs and disbursements. Memorandum: We concur in the view expressed in the opinion of the court at Special Term. Under the terms of the application for reinstatement there arose no liability for a period of two years after the attempted reinstatement if untrue statements of a material character were made in the application. The death of the insured having occurred within two years after the attempted reinstatement, the rights and liabilities of the parties were fixed at the date of death. All concur. (The portion of the order appealed from denies a motion for a summary judgment in an action upon a life insurance policy.)


Summaries of

Duke v. Metropolitan Life Insurance Company

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 16, 1938
255 App. Div. 923 (N.Y. App. Div. 1938)
Case details for

Duke v. Metropolitan Life Insurance Company

Case Details

Full title:MARY DUKE, Appellant, v. METROPOLITAN LIFE INSURANCE COMPANY, Respondent

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

Date published: Nov 16, 1938

Citations

255 App. Div. 923 (N.Y. App. Div. 1938)