Hyperlawhypertext legal database Clare v. New York Safety Reserve Fund Life Insurance 95 N.Y.S. 1118

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Clare v. New York Safety Reserve Fund Life Insurance

95 N.Y.S. 1118 Court N.Y. App. Div. Decision date 1905-10-11 English

Contents

Majority

p. 1118
CLARE, Respondent, v. NEW YORK SAFETY RESERVE FUND LIFE INS. CO., Appellant.
(Supreme Court, Appellate Division, Fourth Department.
October 11, 1905.)

Headnote

Ac-' tion by Mary Clare against the New York Safety Reserve Fund Life Insurance Company.

Judgment and order reversed and new trial ordered, with costs to the appellant to abide event, upon questions of law only; the facts having been examined and no error found therein. Held, that the answer^ of “No occasion” to the question in the application constituted a breach of warranty which bars a recovery.

WILLIAMS, J., dissents.