Kubiak v. Metropolitan Life Insurance

Headnote

Kubiak v. Metropolitan Life Ins. Co., 161 App. Div. 942 , affirmed.

Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered February 25, 1914, affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover upon a policy of life insurance. The defenses which the insurance company pleaded in its answer were: First, that at the time of its medical examination the applicant substituted some other person in his place and that that person was examined by the company’s medical examiner, and, secondly, that the applicant in his application falsely

stated that he had not been under the care of a physician for two years prior to the company’s medical examination, whereas, in truth and fact he had been under the care of a physician within two years previous to the said examination.