Marotta v. John Hancock Mutual Life Insurance
Opinion of the Court
The examination shall proceed on 20 days’ written notice or on any date mutually fixed by the parties by written stipulation. The plaintiffs are entitled to an examination of the defendant before trial to establish the practice of the insurer with respect to the acceptance or rejections of similar risks (Kaplan v. Manhattan Life Ins. Co., 268 App. Div. 920; Rules Civ. Prac., rule 121-a; see, e.g., Lindenbaum v. Equitable Life Assur. Soc. of U. S., 5 A D 2d 651). The defendant’s home office is in Boston. It produced a doctor for examination who was one of its assistant medical directors and medical underwriters, who resided in Boston and who was employed in its home office. It is clear that no unauthorized changes in the decedent’s application as amended by him were made and that the notations thereon which were made by defendant in the box labeled “ Corrections and Amendments (For Home Office use only),” were made by the defendant for administrative purposes as authorized by subdivision 4 of section 142 of the Insurance Law. Therefore it was an improvident exercise of discretion to
Case-law data current through December 31, 2025. Source: CourtListener bulk data.