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Shears v. Mutual Life Insurance

151 N.Y.S. 1144 Court N.Y. App. Div. Decision date 1914-12-31 English

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p. 1144
SHEARS, Respondent, v. MUTUAL LIFE INS. CO. OF NEW YORK, Appellant.
(Supreme Court, Appellate Division, Second Department.
December 31, 1914.)

Headnote

Action by Herbert C. Shears, as executor, etc., of George W. Hillson, deceased, against the Mutual Life insurance Company of New York.

Judgment and order reversed, and new trial granted ; costs to abide the event. Decedent’s statements as to his previous illness and as to the physicians that he had consulted within five years prior to his application for insurance were material representations, were false, and the evidence discloses that they must have been known to him to be false. If no additional evidence respecting these matters shall be given upon the new trial, defendant will be entitled to a verdict.