Michigan Supreme Court, 1930

New York Life Insurance Co. v. Bahadurian

New York Life Insurance Co. v. Bahadurian
Michigan Supreme Court · Decided December 2, 1930 · POTTER, J.
233 N.W. 390; 252 Mich. 491; 1930 Mich. LEXIS 870 (North Western Reporter)
New York Life Insurance Co. v. Bahadurian

Cases that cite this one

11 later published cases cite this decision.

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Opinion of the Court

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.