Funchess v. United States Life Insurance Co.

77 A.D.2d 516, 430 N.Y.S.2d 77 (1980)

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Nature of the Case

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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.