Di Pippo v. Prudential Insurance
Cases that cite this one
17 later published cases cite this decision.
- Union Mutual Fire Insurance Company v. OHR Makif LLC (District Court, S.D. New York 2023)
- Rodriguez v. Mercury Cas. Co. (Appellate Division of the Supreme Court of New York 2022)
- Kiss Construction NY, Inc. v. Rutgers Casualty Insurance (Appellate Division of the Supreme Court of New York 2009)
- Carpinone v. Mutual of Omaha Insurance (Appellate Division of the Supreme Court of New York 1999)
- Tuminelli v. First Unum Life Insurance (Appellate Division of the Supreme Court of New York 1996)
- Spurt Messenger Service, Inc. v. Gudde (Appellate Division of the Supreme Court of New York 1995)
- Church of Transfiguration v. New Hampshire Insurance (Appellate Division of the Supreme Court of New York 1994)
- Ferris v. Columbian Mutual Insurance (Appellate Division of the Supreme Court of New York 1993)
- Alaz Sportswear v. Public Service Mutual Insurance (Appellate Division of the Supreme Court of New York 1993)
- Cutrone v. American General Life Insurance (Appellate Division of the Supreme Court of New York 1993)
- Roth v. American International Life Assurance Co. (Appellate Division of the Supreme Court of New York 1990)
- Botway v. American International Assurance Co. (Appellate Division of the Supreme Court of New York 1989)
- Meagher v. Executive Life Insurance (Appellate Division of the Supreme Court of New York 1989)
- Sonkin Associates, Inc. v. Columbian Mutual Life Insurance (Appellate Division of the Supreme Court of New York 1989)
- Botway v. American International Assurance Co. (Appellate Division of the Supreme Court of New York 1989)
- Winnick v. Equitable Life Assurance Society of United States (Appellate Division of the Supreme Court of New York 1985)
- Wittner v. IDS Insurance (Appellate Division of the Supreme Court of New York 1983)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
— In an action to collect the proceeds of a life insurance policy, defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Jordan, J.), dated April 14, 1981, as, upon reargument, in effect adhered to the original determination denying defendant’s motion for summary judgment. Order affirmed insofar as appealed from, with $50 costs and disbursements. Defendant must demonstrate that it would have rejected Anthony L. Di Pippo’s application for life insurance had it known of his history of treatment for psychiatric disorders (see Insurance Law, § 149, subd 2). To meet this burden, defendant must adduce proof as to its underwriting practices with respect to applicants with such a history (see Insurance Law, § 149, subd 3). The only evidence in the record is a conclusory statement by one of defendant’s senior underwriting consultants and a section from defendant’s underwriter’s manual which is not adequately described. This does not establish, as a matter of law, that defendant would have rejected the application. Accordingly, Special Term properly held that there are triable issues of fact. Weinstein, J. P., Brown, Niehoff and Boyers, JJ., concur.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.