Appellate Division of the Supreme Court of New York, 1942

Kaufman v. John Hancock Mutual Life Insurance

Kaufman v. John Hancock Mutual Life Insurance
Appellate Division of the Supreme Court of New York · Decided March 16, 1942
263 A.D. 1005; 34 N.Y.S.2d 529; 1942 N.Y. App. Div. LEXIS 7846
Kaufman v. John Hancock Mutual Life Insurance

Opinion of the Court

Action to reform a contract of insurance so as to provide therein for the insured’s; right to change the beneficiary and, as so reformed, for payment of the proceeds; of the policy to plaintiffs, as beneficiaries, in accordance with the nomination for change of beneficiary as accepted by the insurer. Judgment for plaintiffs unanimously affirmed, with costs to plaintiffs-respondents. We reverse finding of fact numbered “ LIV ” and disapprove so much of conclusion* of law numbered *1006“ Eighth ” as reads “ in that she was not the wife of Jacob Kaufman, the insured,” on the ground that there is no competent proof supporting them. No opinion. Present — Hagarty, Johnston, Adel, Taylor and Close, JJ.

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