Appellate Division of the Supreme Court of New York, 1946

Reidel v. John Hancock Mutual Life Insurance

Reidel v. John Hancock Mutual Life Insurance
Appellate Division of the Supreme Court of New York · Decided November 18, 1946
271 A.D.2d 838
Reidel v. John Hancock Mutual Life Insurance

Opinion of the Court

In an action by a beneficiary, named in two life insurance ‘policies issued by appellant, to recover the amount of insurance therein provided to be paid, judgment of the County Court, Suffolk County, in favor of the plaintiff reversed on the law and the facts, with costs, and a new trial ordered. Defendant established by competent proof on trial that the insured had received medical treatment within two years prior to the date of issue of the policies. Plaintiff’s evidence, offered to rebut this proof, was insufficient to show that the condition occasioning such treatment was not of a serious *839nature, or was not material to the risk, or to raise an issue of fact as to the nature or materiality of such condition. Lewis, P. J., Hagarty, Johnston, Aldrich and Nolan, JJ., concur. [See post, p. 928.]

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