Funchess v. United States Life Insurance Co.
77 A.D.2d 516, 430 N.Y.S.2d 77 (1980)
Issues
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Nature Of The Case
This section contains the nature of the case and procedural background.
Facts
The insured met his end at the point of a gun. P applied under the insurance policy issued by D. D refused to pay claiming the insured was in fact 47 and lied on his application that he was 37. At 47, the insured would have been required to take a medical exam. D sought rescission and offered to return to P all premiums paid by the insured. The trial court dismissed the jury and proceeded to dispose of the case as a matter of law. The suit was for twice the face value of a policy of life insurance having a double indemnity provision for violent death. P got the judgment for $20,550, plus interest, and costs thereof. D appealed.
Holding & Decision
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Legal Analysis
Legal analysis from Dean's Law Dictionary will be displayed here.
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